THE FACTORIES ACT, 1948 

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ARRANGEMENT OF SECTIONS                                                                                                            

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CHAPTER I 
PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement. 

2. Interpretation. 

3. References to time of day. 

4.  Power  to  declare  different  departments  to  be  separate  factories  or  two  or  more  factories  to  be  a 

single factory. 

5. Power to exempt during public emergency. 

6. Approval, licensing and registration of factories. 

7. Notice by occupier. 

CHAPTER II 
THE INSPECTING STAFF 

7A. General duties of the occupier. 

7B. General duties of manufacturers, etc., as regards articles and substances for use in factories. 

CHAPTER III 

HEALTH 

8. Inspectors. 

9. Powers of Inspectors. 

10. Certifying surgeons. 

11. Cleanliness. 

12. Disposal of wastes and effluents. 

13. Ventilation and temperature. 

14. Dust and fume. 

15. Artificial humidification. 

16. Overcrowding. 

17. Lighting. 

18. Drinking water. 

19. Latrines and urinals. 

20. Spittoons. 

CHAPTER IV 

SAFETY 

21. Fencing of machinery. 

22. Work on or near machinery in motion. 

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SECTIONS 

23. Employment of young persons on dangerous machines. 

24. Striking gear and devices for cutting off power. 

25. Self-acting machines. 

26. Casing of new machinery. 

27. Prohibition of employment of women and children near cotton-openers. 

28. Hoists and lifts. 

29. Lifting machines, chains, ropes and lifting tackles. 

30. Revolving machinery. 

31. Pressure plant. 

32. Floors, stairs and means of access. 

33. Pits, sumps openings in floors, etc. 

34. Excessive weights. 

35. Protection of eyes. 

36. Precautions against dangerous fumes, gases, etc. 

36A. Precautions regarding the use of portable electric light. 

37. Explosive or inflammable dust, gas, etc. 

38. Precautions in case of fire. 

39. Power to require specifications of defective parts or tests of stability. 

40. Safety of buildings and machinery. 

40A. Maintenance of buildings. 

40B. Safety Officers. 

41. Power to make rules to supplement this Chapter. 

CHAPTER IVA 

PROVISION RELATING TO HAZARDOUS PROCESSES 

41A. Constitution of Site Appraisal Committees. 

41B. Compulsory disclosure of information by the occupier. 

41C. Specific responsibility of the occupier in relation to hazardous processes. 

41D. Power of Central Government to appoint Inquiry Committee. 

41E. Emergency standards. 

41F. Permissible limits of exposure of chemical and toxic substances. 

41G. Workers’ participation in safety management. 

41H. Right of workers to warn about imminent danger. 

CHAPTER V 
WELFARE 

42. Washing facilities. 

43. Facilities for storing and drying clothing. 

2 

 
 
 
SECTIONS 

44. Facilities for sitting. 

45. First-aid appliances. 

46. Canteens. 

47. Shelters, rest rooms and lunch rooms. 

48. Creches. 

49. Welfare officers. 

50. Power to make rules to supplement this Chapter. 

CHAPTER VI 

WORKING HOURS OF ADULTS 

51. Weekly hours. 

52. Weekly holidays. 

53. Compensatory holidays. 

54. Daily hours. 

55. Intervals for rest. 

56. Spread over. 

57. Night shifts. 

58. Prohibition of overlapping shifts. 

59. Extra wages for overtime. 

60. Restriction on double employment. 

61. Notice of periods of work for adults. 

62. Register of adult workers. 

63. Hours of work to correspond with notice under section 61 and register under section 62. 

64. Power to make exempting rules. 

65. Power to make exempting orders. 

66. Further restrictions on employment of women. 

CHAPTER VII 
EMPLOYMENT OF YOUNG PERSONS 

67. Prohibition of employment of young children. 

68. Non-adult workers to carry tokens. 

69. Certificates of fitness. 

70. Effect of certificate of fitness granted to adolescent. 

71. Working hours for children. 

72. Notice of periods of work for children. 

73. Register of child workers. 

74. Hours of work to correspond with notice under section 72 and register under section 73.— 

75. Power to require medical examination. 

76. Power to make rules. 

77. Certain other provisions of law not barred. 

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CHAPTER VIII 
ANNUAL LEAVE WITH WAGES 

SECTIONS 

78. Application of Chapter. 

79. Annual leave with wages. 

80. Wages during leave period. 

81. Payment in advance in certain cases. 

82. Mode of recovery of unpaid wages. 

83. Power to make rules. 

84. Power to exempt factories. 

CHAPTER IX 

SPECIAL PROVISIONS 

85. Power to apply the act to certain premises. 

86. Power to exempt public institutions. 

87. Dangerous operations. 

87A. Power to prohibit employment on account of serious hazard. 

88. Notice of certain accidents. 

88A. Notice of certain dangerous occurrences. 

89. Notice of certain diseases. 

90. Power to direct enquiry into cases of accident or disease. 

91. Power to take samples. 

91A. Safety and occupational health surveys. 

CHAPTER X 

PENALTIES AND PROCEDURE 

92. General penalty for offences. 

93. Liability of owner of premises in certain circumstances. 

94. Enhanced penalty after previous conviction. 

95. Penalty for obstructing Inspector. 

96. Penalty for wrongfully disclosing results of analysis under section 91. 

96A. Penalty for contravention of the provisions of sections 41B, 41 C and 41 H. 

97. Offences by workers. 

98. Penalty for using false certificate of fitness. 

99. Penalty for permitting double employment of child. 

100. [Repealed.] 

101. Exemption of occupier or manager from liability in certain cases. 

102. Power of Court to make orders. 

103. Presumption as to employment. 

104. Onus as to age. 

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SECTIONS 

104A. Onus of proving limits of what is practicable, etc. 

105. Cognizance of offences. 

106. Limitation of prosecutions. 

106A. Jurisdiction of a court for entertaining proceedings, etc., for offence. 

CHAPTER XI 
SUPPLEMENTAL 

107. Appeals. 

108. Display of notices. 

109. Service of notices. 

110. Returns. 

111. Obligations of workers. 

111A. Right of workers, etc. 

112. General power to make rules. 

113. Powers of Centre to give directions. 

114. No charge for facilities and conveniences. 

115. Publication of rules. 

116. Application of Act to Government factories. 

117. Protection to persons acting under this Act. 

118. Restrictions on disclosure of information. 

118A. Restriction on disclosure of information. 

119. Act to have effect notwithstanding anything contained in Act 37 of 1970. 

120. Repeal and savings. 

THE FIRST SCHEDULE. 

THE SECOND SCHEDULE. 

THE THIRD SCHEDULE. 

5 

 
 
 
THE FACTORIES ACT, 1948 
ACT NO. 63 OF 19481 

[23rd September, 1948.] 

An Act to consolidate and amend the law regulating labour in factories. 

WHEREAS it is expedient to consolidate and amend the law regulating labour in factories; 

It is hereby enacted as follows:— 

CHAPTER I 

PRELIMINARY 

1. Short title, extent and commencement.—(1) This Act may be called the Factories Act, 1948. 

2[(2) It extends to the whole of India 3***. 

(3) It shall come into force on the 1st day of April 1949. 

2. Interpretation.—In this Act, unless there is anything repugnant in the subject or context,— 

(a) “adult” means a person who has completed his eighteenth year of age; 

(b)  “adolescent” means  a  person  who  has  completed his  fifteenth  year  of  age  but  has  not 

completed his eighteenth year; 

4[(bb) “calendar year” means the period of twelve months beginning with the first day of January 

in any year;] 

(c) “child” means a person who has not completed his fifteenth year of age; 

5[(ca)  “competent  person”,  in  relation  to  any  provision  of  this  Act, means  a  person  or  an 
institution  recognised  as  such  by  the  Chief  Inspector  for  the  purposes  of  carrying  out  tests, 
examinations and inspection required to be done in a factory under the provisions of this Act having 
regard to— 

(i) the qualifications and experience of the person and facilities available at his disposal; or 

(ii) the qualifications and experience of the persons employed in such institution and facilities 

available therein, 

with  regard  to  the  conduct  of  such  tests,  examinations  and  inspections,  and  more  than  one  person  or 
institution can be recognised as a competent person in relation to a factory; 

(cb) “hazardous process” means any process or activity in relation to an industry specified in the 
First Schedule where, unless special care is taken, raw materials used therein or the intermediate or 
finished products, bye-products, wastes or effluents thereof would— 

(i) cause material impairment to the health of the persons engaged in or connected therewith, 

or 

(ii) result in the pollution or the general environment: 

Provided that the State Government may, by notification in the Official Gazette, amend the First 

Schedule by way of addition, omission or variation of any industry specified in the said Schedule; 

(d) “young person” means a person who is either a child or an adolescent; 

1. The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule; Pondicherry by Reg. 7 of 
1963, s. 3 and the First Schedule, Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and the Schedule and Laccadive, Minicoy and 
Amindivi Islands by Reg. 8 of 1965, s. 3 and the Schedule. 

2. Subs. by the A.O. 1950, for the former sub-section. 
3. The words “except the state of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971). 
4. Ins. by Act 25 of 1954, s. 2. (w.e.f. 7-5-1954). 
5. Ins. by Act 20 of 1987, s. 2. (w.e.f. 1-12-1987). 

6 

 
                                                           
(e) “day” means a period of twenty-four hours beginning at midnight: 

(f) “week” means a period of seven days beginning at midnight on Saturday night or such other 

night as may be approved in writing for a particular area by the Chief Inspector of Factories; 

(g)  “power” means  electrical  energy  or  any  other  form  of  energy  which  is mechanically 

transmitted and is not generated by human or animal agency; 

(h)  “prime  mover” means  any  engine,  motor  or  other  appliance  which  generates  or  otherwise 

provides power; 

(i) “transmission machinery” means any shaft, wheel, drum, pulley, system of pulleys, coupling, 
clutch, driving belt or other appliance or device by which the motion of a prime mover is transmitted 
to or received by any machinery or appliance; 

(j) ”machinery” includes prime movers, transmission machinery and all other appliances whereby 

power is generated, transformed, transmitted or applied; 

(k) “manufacturing process” means any process for— 

(i)  making  altering,  repairing,  ornamenting,  finishing,  packing,  oiling,  washing,  cleaning, 
breaking up, demolishing, or otherwise treating or adapting any article or substance with a view 
to its use, sale, transport, delivery or disposal, or 

1[(ii) pumping oil, water, sewage or any other substance; or] 

(iii) generating, transforming or transmitting power; or 

2[(iv) composing types  for  printing,  printing  by  letter  press,  lithography,  photogravure  or 

other similar process or book binding; 3[or]] 

(v)  constructing,  reconstructing,  repairing,  refitting,  finishing  or  breaking  up  ships  or 

vessels; 3[or] 

3[(vi) preserving or storing any article in cold storage;] 

(l)  “worker”  means  a  person  4[employed,  directly  or  by  or  through  any  agency  (including  a 
contractor)  with  or  without  the  knowledge  of  the  principal  employer,  whether  for  remuneration or 
not], in any manufacturing process, or in cleaning any part of the machinery or premises used for a 
manufacturing  process,  or  in  any  other  kind  of  work  incidental  to,  or  connected  with,  the 
manufacturing  process,  or  the  subject  of  the  manufacturing  process  3[but  does  not  include  any 
member of the armed forces of the Union]; 

(m) “factory” means any premises including the precincts thereof— 

(i) whereon ten or more workers are working, or were working on any day of the preceding 
twelve months, and in any part of which a manufacturing process is being carried on with the aid 
of power, or is ordinarily so carried on, or 

(ii)  whereon  twenty  or  more  workers  are  working,  or  were  working  on  any  day  of  the 
preceding twelve months, and in any part of which a manufacturing process is being carried on 
without the aid of power, or is ordinarily so carried on,— 

but does not include a mine subject to the operation of 5[the Mines Act, 1952 (35 of 1952)], or 6[a mobile 
unit  belonging  to  the  armed  forces  of  the  Union,  railway  running  shed  or  a  hotel),  restaurant  or  eating 
place]. 

1. Subs. by Act 94 of 1976, s. 2, for sub-clause (ii) (w.e.f. 26-10-1976). 
2. Subs. by Act 25 of 1954, s. 2, for sub-clause (iv) (w.e.f. 7-5-1954). 
3. Ins. by Act 94 of 1976, s. 2, (w.e.f. 26-10-1976). 
4. Subs. by s. 2, ibid., for “employed, directly or through any agency, whether for wages or not” (w.e.f. 26-10-1976). 
5. Subs. by Act 25 of 1954, s. 2, for “the Indian Mines Act, 1923 (4 of 1923)” (w.e.f. 7-5-1954). 
6. Subs. by Act 94 of 1976, s. 2, for “a railway running shed” (w.e.f. 26-10-1976). 

7 

 
                                                           
1[Explanation 2[I]—For  computing  the  number  of  workers  for  the  purposes  of  this  clause  all  the 

workers in 3[different groups and relays] in a day shall be taken into account;] 

4[Explanation  II.—For  the purposes of this clause,  the mere fact that  an  Electronic  Data  Processing 
Unit or a Computer Unit is installed in any premises or part thereof, shall not be construed to make it a 
factory if no manufacturing process is being carried on in such premises or part thereof;] 

(n)  “occupier”  of  a  factory means  the  person  who  has  ultimate  control  over  the  affairs  of  the 

factory 5***. 

4[Provided that— 

(i) in the case of a firm or other association of individuals, any one of the individual partners 

or members thereof shall be deemed to be the occupier; 

(ii) in the case of a company, any one of the directors shall be deemed to be the occupier; 

(iii)  in  the  case  of  a  factory  owned  or  controlled  by  the  Central  Government  or  any  State 
Government, or any local authority, the person or persons appointed to manage the affairs of the 
factory by the Central Government, the Stale Government or the local authority, as the case may 
be, shall be deemed to be the occupier:] 
1[6[Provided further that] in the case of a ship which is being repaired, or on which maintenance 

work is being carried out, in a dry dock which is available for hire,— 

(1)  the  owner  of  the  dock  shall  be  deemed  to  be  the  occupier  for  the  purposes  of  any  matter 

provided for by or under— 

(a) section 6, section 7, 4[section 7A, section 7B,] section 11 or section 12; 

(b)  section 17,  in  so  far  as  it  relates  to  the  providing  and  maintenance  of  sufficient  and 

suitable lighting in or around the dock; 

(c) section 18, section 19, section 42, section 46, section 47 or section 49, in relation to the 

workers employed on such repair or maintenance; 

(2)  the  owner  of  the  ship  or his  agent  or  master  or  other  officer-in-charge  of  the  ship  or  any 
person  who  contracts  with  such  owner,  agent  or  master  or  other  officer-in-charge  to  carry  out  the 
repair  or  maintenance  work  shall  be deemed to  be  the  occupier  for  the  purposes  of  any  matter 
provided for by or under section 13, section 14, section 16 or section 17 (save as otherwise provided 
in this proviso) or Chapter IV (except section 27) or section 43, section 44 or section 45, Chapter VI, 
Chapter VII, Chapter VIII or Chapter IX or section 108, section 109 or section 110, in relation to— 

(a) the workers employed directly by him, or by or through any agency; and 

(b)  the  machinery,  plant  or  premises  in  use  for  the  purpose  of  carrying  out  such  repair  or 

maintenance work by such owner, agent, master or other officer-in-charge or person; 

7*                                   *                               *                       * 

* 

(p) “prescribed” means prescribed by rules made by the State Government under this Act; 
8*                                 *                                * 
(r) where work of the same kind is carried out by two or more sets of workers working during 
different periods of the day, each of such sets is called a 9[“group” or “relay”] and each of such 
periods is called a “shift”. 

* 

* 

1. Ins. by Act 94 of 1976, s. 2 (w.e.f. 26-10-1976). 
2. The Explanation numbered as Explanation I by Act 20 of 1987, s. 2 (w.e.f. 1-12-1987). 
3. Subs. by s. 2, ibid., for “different relays” (w.e.f. 1-12-1987). 
4. Ins. by s. 2, ibid. (w.e.f. 1-12-1987). 
5. Certain words omitted by s. 2, ibid., (w.e.f. 1-12-1987). 
6. Subs. by s. 2, ibid., for “Provided that” (w.e.f. 1-12-1987). 
7. Clause (o) omitted by s. 2, ibid., (w.e.f. 1-12-1987). 
8. Clause (q) omitted by Act A. O. 1950. 
9. Subs. by Act 20 of 1987, s. 2, for “relay” (w.e.f. 1-12-1987). 

8 

 
 
 
 
 
 
 
                                                           
Maharashtra 

STATE AMENDMENTS 

Amendment  of  section  2  of  63  of  1948.—In  section  2  of  the  Factories  Act,  1948  (63  of  1948),  in  its 

application to the State of Maharashtra (hereinafter referred to as “the principal Act”), in clause (m),— 

(a)  in  sub-clause  (i),  after  the  words  “whereon  ten  or  more  workers”  the  words  “or  such  number  of 

workers as may be specified by the State Government by notification, from time to time” shall be inserted; 

(b) in sub-clause (ii), after  the words “whereon twenty  or more workers” the words “or such number of 

workers as may be specified by the State Government by notification, from time to time” shall be inserted; 

(c) after sub-clause (ii), the following proviso shall be inserted, namely:— 

“Provided that, the number of workers to be specified by the State Government in sub-clauses (i) and 

(ii) shall not exceed twenty and forty workers, respectively.”. 

[Vide Maharashtra Act 40 of 2015, s. 2]. 

Ladakh (UT) 

Section 2.—In clause (m), 
(i) in sub-clauses (i) for the words “ten or more workers”, the words “twenty or more workers” shall be 

substituted; 

(ii) in sub-clause(ii), for the words “twenty or more workers”, the words “forty or more workers” shall be 

substituted. 

[Vide Union Territory  of  Ladakh Reorganisation  (Adaptation  of  Central  Laws)  Order,  2020,  notification 

No. S.O. 3774(E), dated (23-10-2020).] 
Jammu and Kashmir (UT) 

Section  2.—In  clause  (m),  in  sub-clauses  (i)  and  (ii),  for  “ten”  and  “twenty”,  substitute  “twenty”  and 

“forty” respectively. 

 [Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, 

notification No. S.O. 3465(E), dated (5-10-2020).] 
Uttar Pradesh 

Amendment of section 63 of 1948.—In section 2 of the Factories Act, 1948 as amended in its application 

to Uttar Pradesh, herein after referred to as principal Act, in clause (m),-- 

(i)  in  sub-clause  (i),  for  the  words  "ten  or  more",  the  words  "twenty  or  more"  shall  be 

substituted; 

(ii)  in  sub-clause  (ii),  for  the  words  "twenty  or  more",  the  words  "forty  or  more"  shall  be 

substituted. 

[Vide Uttar Pradesh Act 13 of 2018, s. 2] 
Arunachal Pradesh 

Amendment of section 2.—In section 2  of the Factories Act, 1948 (Central Act 63 of 1948), as in 

force in the State of Arunachal Pradesh (hereinafter referred to as the “principal Act”), in clause (m),-- 

 (i) in sub-clause (i), for the words “ten or more workers” , the words “twenty or more workers” 

shall be substituted. 

(ii) in sub-clause (ii), for the words “twenty or more workers” the words “forty or more workers” 

shall be substituted. 

[Vide Arunachal Pradesh Act 6 of 2020, s. 2] 
Rajasthan 

Amendment of section 2, Central Act No. 63 of     1948.- In section 2 of the Factories Act, 1948 
(Central Act No. 63 of 1948), in its application to  the  State  of  Rajasthan,  hereinafter referred to as the 
principal Act,- 

(i)  in  sub-clause  (i)  of  clause  (m),  for  the  existing  word  "ten",  the  word  "twenty"  shall  be 

substituted; and  

(ii)  in  sub-clause  (ii)  of  clause  (m),  for  the  existing  word  "twenty",  the  word  "forty"  shall  be 

substituted. 
[Vide Rajasthan Act 20 of 2014, s. 2] 

3. Reference to time of day.—In this Act references to time of day are references to Indian Standard 

Time, being five and a half hours ahead of Greenwich Mean Time: 

9 

 
Provided that for any area in which Indian Standard Time is not ordinarily observed the State Government 

may make rules— 

(a) specifying the area, 
(b) defining the local mean time ordinarily observed therein, and 
(c) permitting such time to be observed in all or any of the factories situated in the area. 

1[4. Power to declare different departments to be separate factories or two or more factories to be a 
single  factory.—The  State  Government  may, 2[on  its  own  or]  on  an  application  made  in  this  behalf  by  an 
occupier, direct, by an order in writing 2[and subject to such conditions as it may deem fit], that for all or any 
of  the  purposes  of  this  Act  different  departments  or  branches  of  a  factory  of  the  occupier  specified  in  the 
application shall be treated as separate factories or that two or more factories of the occupier specified in the 
application shall be treated as a single factory:] 

3[Provided  that  no  order  under  this  section  shall  be  made  by  the State  Government  on  its  own  motion 

unless an opportunity of being heard is given to the occupier.] 

5. Power to exempt during public emergency.—In any case of public emergency the State Government 
may, by notification in the Official Gazette, exempt any factory or class or description of factories from all or 
any of the provisions of this Act 4[except section 67] for such period and subject to such conditions as it may 
think fit: 

Provided that no such notification shall be made for a period exceeding three months at a time. 
5[Explanation.—For the purposes of this section “public emergency” means a grave emergency whereby 
the security of India or of any part of the territory thereof is threatened, whether by war or external aggression 
or internal disturbance.] 
Arunachal Pradesh 

Insertion of section 5A.—After section 5 of the principal Act, the following section shall be inserted, 

namely:-- 

‘5A. Where the State Government is safisfied in the public interest that it is necessary to create more 
economic activities and employment opportunities, it may, by notification in the Official Gazette, exempt, 
subject  to  such  conditions  as  it  may  think  fit,  any  new  factory  or  class  or  description  of  new  factories 
which are established and whose commercial production start, from or any of the provisions of this Act 
for a period of one thousand days from the date on which such commercial production start.’ 

Explanation.—For the purposes of this section, the expression “new factory or class or description of 
new  factories”  means  such  factory  or  class or description  of  factories  which  are  established and  whose 
commercial  production  start  within  a  period  of  one  thousands  days  after  the  commencement  of  the 
Factories (Arunachal Pradesh Amendment) ordinance, 2020. 

[Vide Arunachal Pradesh Act 6 of 2020, s. 3] 

6. Approval, licensing and registration of factories.—(1) The State Government may make rules— 

6[(a) requiring, for the purposes of this Act, the submission of plans of any class or description of 

factories to the Chief Inspector or the State Government;] 

7[(aa) requiring the previous permission in writing of the State Government or the Chief Inspector 
to be obtained for the site on which the factory is to be situated and for the construction or extension 
of any factory or class or description of factories; 

(b)  requiring  for  the  purpose  of considering  applications for  such  permission the  submission  of 

plans and specifications; 

(c) prescribing the nature of such plans and specifications and by whom they shall be certified; 

(d) requiring the registration and licensing of factories or any class or description of factories, and 

prescribing the fees payable for such registration and licensing and for the renewal of licences; 

1. Subs. by Act 25 of 1954, s. 3, for section 4 (w.e.f. 7-5-1954). 
2. Ins. by Act 20 of 1987, s. 2 (w.e.f. 1-12-1987). 
3. Added by s. 2, ibid. (w.e.f. 1-12-1987). 
4. Ins. by the A.O. 1950. 
5. Ins. by Act 94 of 1976, s. 3 (w.e.f. 26-10-1976). 
6. Ins. by s. 4, ibid. (w.e.f. 26-10-1976). 
7. Clause (a) re-lettered as clause (aa) by Act 94 of 1976, s. 4 (w.e.f. 26-10-1976). 

10 

 
                                                           
(e)  requiring  that  no  licence  shall  be  granted  or  renewed  unless  the  notice  specified  in 

section 7 has been given. 
(2) If on an application for permission referred to in 1[clause (aa)] of sub-section (1) accompanied by 
the plans and specifications required by the rules made under clause (b) of that sub-section, sent to the 
Suite Government or Chief Inspector by registered post, no order is communicated to the applicant within 
three months from the date on which it is so sent, the permission applied for in the said application shall 
be deemed to have been granted. 

(3)  Where  a  State  Government  or  a  Chief  Inspector  refuses  to  grant  permission to  the  site, 
construction or extension of a factory or to the registration and licensing of a factory, the applicant may 
within thirty days of the date of such refusal appeal to the Central Government if the decision appealed 
from was of the State Government and to the State Government in any other case. 

Explanation.—A  factory  shall  not  be  deemed  to  be  extended  within  the meaning  of this  section  by 
reason only of the replacement of any plant or machinery or within such limits as may be prescribed, of 
the  addition  of  any  plant  or  machinery 2[if  such  replacement  or  addition  does  not  reduce  the  minimum 
clear space required for safe working around the plant or machinery or adversely affect the environmental 
conditions from the evolution or emission of steam, heat or dust or fumes injurious to health]. 

7. Notice by occupier.—(1) The occupier shall, at least fifteen days before he begins to occupy or 

use any premises as a factory, send to the Chief Inspector a written notice containing— 

(a) the name and situation of the factory; 

(b) the name and address of the occupier; 

3[(bb)  the  name  and  address  of  the  owner  of  the  premises  or  building  (including  the  precincts 

thereof) referred to in section 93;] 

(c) the address to which communications relating to the factory may be sent; 

(d) the nature of the manufacturing process— 

(i)carried on in the factory during the last twelve months in the case of factories in existence 

on the date of the commencement of this Act; and 

(ii) to be carried on in the factory during the next twelve months in the case of all factories; 

4[(e) the total rated horse power installed or to be installed in the factory, which shall not include 

the rated horse power of any separate stand-by plant;] 

(f) the name of the manager of the factory for the purposes of this Act; 

(g) the number of workers likely to be employed in the factory; 

(h) the average number of workers per day employed during the last twelve months in the case of 

a factory in existence on the date of the commencement of this Act; 

(i) such other particulars as may be prescribed. 

(2)  In  respect  of  all  establishments  which  come  within  the  scope  of  the  Act  for  the  first  lime,  the 
occupier  shall  send  a  written  notice  to  the  Chief  Inspector  containing  the  particulars  specified  in  sub-
section (1) within thirty days from the date of the commencement of this Act. 

(3) Before a factory engaged in a manufacturing process which is ordinarily carried on for less than 
one  hundred  and  eighty  working  days  in  the  year  resumes  working,  the  occupier  shall  send  a  written 
notice to the Chief Inspector containing the particulars specified in sub-section (1) 5[at least thirty days] 
before the date of the commencement of work. 

1. Subs. by Act 94 of 1976, s. 4, for “clause (a)” (w.e.f. 26-10-1976). 
2. Ins. by s. 4, ibid. (w.e.f. 26-10-1976). 
3. Ins. by Act 25 of 1954, s. 4 (w.e.f. 7-5-1954). 
4. Subs. by Act 94 of 1976, s. 5, for “clause (e)” (w.e.f. 26-10-1976). 
5. Subs. by Act 40 of 1949, s. 3 and the Second Schedule, for “within thirty days” (w.e.f. 1-5-1949). 

11 

 
                                                           
(4) Whenever a new manager is appointed, the occupier shall send to the 1[Inspector a written notice 
and to the Chief Inspector a copy thereof] within seven days from the date on which such person takes 
over charge. 

(5)  During  any  period  for  which  no  person  has  been  designated  as  manager  of  a  factory  or  during 
which the person designated does not manage the factory, any person found acting as manager, or if no 
such  person  is  found,  the  occupier himself,  shall  be  deemed  to  be  the  manager  of  the  factory  for  the 
purposes of this Act. 

CHAPTER II 
THE INSPECTING STAFF 

2[7A.  General  duties  of  the  occupier.—(1)  Every  occupier  shall  ensure,  so  far  as  is  reasonably 

practicable, the health, safety and welfare of all workers while they are at work in the factory. 

(2) Without prejudice to the generality of the provisions of sub-section (1), the matters to which such 

duty extends, shall include— 

(a) the provision and maintenance of plant and systems of work in the factory that are safe and 

without risks to health: 

(b)  the  arrangements  in  the  factory  for  ensuring  safety  and  absence  of  risks  to  health  in 

connection with the use, handling, storage and transport of articles and substances; 

(c)  the  provisions  of  such  information,  instruction,  training  and  supervision  as are  necessary  to 

ensure the health and safety of all workers at work: 

(d)  the  maintenance  of  all places  of  work  in  the factory  in  a  condition  that is  safe  and  without 
risks to health and the provision and maintenance of such means of access to, and egress from, such 
places as are safe and without such risks; 

(e) the provision, maintenance or monitoring of such working environment in the factory for the 
workers that is safe, without risks to health and adequate as regards facilities and arrangements for 
their welfare at work. 

(3) Except in such cases as may be prescribed, every occupier shall prepare, and, as often as may be 
appropriate, revise, a written statement of his general policy with respect to the health and safely of the 
workers at work and the organisation and arrangements for the time being in force for carrying out that 
policy, and to bring the statement and any revision thereof to the notice of all the workers in such manner 
as may be prescribed. 

7B.  General  duties  of  manufacturers,  etc.,  as  regards  articles  and  substances  for  use  in 
factories.—(1)  Every  person  who  designs,  manufactures,  imports  or  supplies  any  article for  use  in  any 
factory, shall— 

(a) ensure, so far as is reasonably practicable, that the article is so designed and constructed as to 

be safe and without risks to the health of the workers when properly used; 

(b) carry out or arrange for the carrying out of such tests and examination as may be considered 

necessary for the effective implementation of the provisions of clause (a); 

(c) take such steps as may be necessary to ensure that adequate information will be available— 

(i) in connection with the use of the article in any factory; 
(ii) about the use for which it is designed and tested; and 
(iii) about any conditions necessary to ensure that the article, when put to such use, will be 

safe, and without risks to the health of the workers: 

Provided that where an article is designed or manufactured outside India, it shall be obligatory on the 

part of the importer to see— 

(a) that the article conforms to the same standards if such article is manufactured in India, or 

1. Subs. by Act 25 of 1954, s. 4, for “Chief Inspector a written notice” (w.e.f. 7-5-1954). 
2. Ins. by Act 20 of 1987, s. 4 (w.e.f. 1-12-1987). 

12 

 
                                                           
(b) if the standards adopted in the country outside for the manufacture of such article is above the 

standards adopted in India, that the article conforms to such standards. 
(2)  Every person,  who  undertakes  to  design  or  manufacture  any  article  for  use  in  any  factory  may 
carry out or arrange for the carrying out of necessary research with a view to the discovery and, so far as 
is  reasonably  practicable,  the  elimination  or  minimisation  of  any  risks  to  the  health  or  safety  of  the 
workers to which the design or article may give rise. 

(3) Nothing contained in sub-sections (1) and (2) shall be construed to require a person to repeat the 
testing, examination or research which has been carried out otherwise than by him or at his instance in so 
far as it is reasonable for him to rely on the results thereof for the purposes of the said sub-sections. 

(4) Any duty imposed on any person by sub-sections (1) and (2) shall extend only to things done in 

the course of business carried on by him and to matters within his control. 

(5)  Where  a  person  designs,  manufactures,  imports  or  supplies  an  article  on  the  basis  of  a  written 
undertaking by the user of such article to take the steps specified in such undertaking to ensure, so far as 
is reasonably practicable, that the article will be safe and without risks to the health of the workers when 
properly  used,  the  undertaking  shall  have  the  effect  of  relieving  the  person  designing,  manufacturing, 
importing or supplying the article from the duty imposed by clause (a) of sub-section (1) to such extent as 
is reasonable having regard to the terms of the undertaking. 

(6)  For  the  purposes  of  this  section,  an  article  is  not  to  be  regarded  as  properly  used  if  it  is  used 
without  regard  to  any  information  or  advice  relating  to  its  use  which  has  been  made  available  by  the 
person who has designed, manufactured, imported or supplied the article. 

Explanation.—For the purposes of this section”, “article” shall include plant and machinery]. 

STATE AMENDMENT 

Tamil Nadu 
Insertion  of  new  section  7-AA.—After  section  7-A  of  the  Factories  Act,  1948  (Central  Act  LXIII  of 
1948), the following section shall be inserted, namely:-- 

“7-AA.  Occupier  of  Match  or  Fire  Works  Factory  to  insure  workers.--(1)  The  occupier  of 
every  factory  wherein  the  manufacture  of  match  or  fire  works  is  carried  on  shall  get  every  worker 
employed  in  the  factory  insured  for  a  sum  of  not  less  than  fifty  thousand  rupees  and  keep  the 
insurance alive so long as the worker is employed in the factory. The payment of premium for such 
insurance shall be the liability of the occupier. 

(2) The occupier shall send to the Chief Inspector a report containing the details of the insurance 
referred to in sub-section (1) at such intervals with such particulars, in such form and in such manner 
as may be prescribed by the State Government. 

(3) If an occupier fails to comply with the provisions of sub-section (1), the Chief Inspector may, 
after  giving  the  occupier  an  opportunity  of  being  heard  and  after  considering  the  representation,  if 
any, cancel the licence granted under this Act.". 

[Vide Tamil Nadu Act 29 of 2007, s. 2] 

8. Inspectors.—(1) The State Government may, by notification in the Official Gazette, appoint such 
persons  as  possess  the  prescribed  qualification  to  be  Inspectors  for  the  purposes  of  this  Act  and  may 
assign to them such local limits as it may think fit. 

(2)  The  State  Government  may,  by  notification  in  the  Official  Gazette,  appoint  any  person  to  be  a 
Chief  Inspector  who  shall,  in  addition  to  the  powers  conferred  on  a  Chief  Inspector  under  this  Act, 
exercise the powers of an Inspector throughout the State. 

1[(2A) The State Government may, by notification in the Official Gazette, appoint as many Additional 
Chief  Inspectors,  Joint  Chief  Inspectors  and  Deputy  Chief  Inspectors  and  as  many  other  officers  as  it 
thinks fit to assist the Chief Inspector and to exercise such of the powers of the Chief Inspector as may be 
specified in such notification. 

1. Ins. by Act 94 of 1976, s. 6 (w.e.f. 26-10-1976). 

13 

 
                                                           
(2B) Every Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector and every other 
officer appointed under sub-section (2A) shall, in addition to the powers of a Chief Inspector specified in 
the notification by which he is appointed, exercise the power of an Inspector throughout the State]. 

(3)  No  person  shall  be  appointed  under  sub-section  (1),  sub-section  (2)1[,sub-section  (2A)]  or  sub-
section  (5)  or,  having  been  so  appointed,  shall  continue  to  hold  office,  who  is  or  becomes  directly  or 
indirectly  interested  in  a  factory  or  in  any  process  or  business  carried  on  therein  or  in  any  patent  or 
machinery connected therewith. 

(4) Every District Magistrate shall be an Inspector for his district. 

(5)  The  State  Government  may  also,  by  notification  as  aforesaid,  appoint  such  public  officers  as  it 
thinks fit to be additional Inspectors for all or any of the purposes of this Act, within such local limits as it 
may assign to them respectively. 

(6) In any area where there are more Inspectors than one the State Government may, by notification 
as  aforesaid,  declare  the  powers  which  such  Inspectors  shall  respectively  exercise  and  the  Inspector  to 
whom the prescribed notices are to be sent. 

(7)1[Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector 
and  every  other  officer  appointed under  this  section]  shall  be  deemed  to  be a  public  servant  within  the 
meaning of the Indian Penal Code (45 of 1860), and shall be officially subordinate to such authority as the 
State Government may specify in this behalf. 

9. Powers of Inspectors.—Subject to any rules made in this behalf, an Inspector may within the local 

limits for which he is appointed,— 

(a)  enter,  with  such  assistants,  being  persons  in  the  service  of  the  Government  or  any  local  or 
other public authority, 2[or with an expert] as he thinks fit, any place which is used, or which he has 
reason to believe is used, as a factory; 

3[(b) make examination of the premises, plant, machinery, article or substance; 

(c)  inquire  into  any  accident  or  dangerous  occurrence,  whether  resulting  in  bodily  injury, 
disability or not, and take on the spot or otherwise statements of any person which he may consider 
necessary for such inquiry; 

(d) require the production of any prescribed register or any other document relating to the factory; 

(e) seize, or  take copies of, any register, record or other document or any portion thereof as he 
may consider necessary in respect of any offence under this Act , which he has reason to believe, has 
been committed; 

(f) direct the occupier that any premises or any part thereof, or anything lying therein, shall be left 
undisturbed (whether generally or in particular respects) for so long as is necessary for the purpose of 
any examination under clause (b); 

(g) take measurements and photographs and make such recordings as he considers necessary for 
the  purpose  of  any  examination  under  clause  (b),  taking  with  him  any  necessary  instrument  or 
equipment; 

(h) in case of any article or substance found in any premises, being an article or substance which 
appears to hi m as having caused or is likely to cause danger to the health or safety of the workers, 
direct  it to  be  dismantled or  subject  it to any  process  or  test  (but not  so  as  to damage  or  destroy  it 
unless the same is, in the circumstances necessary, for carrying out the purposes of this Act), and take 
possession of any such article or substance or a part thereof, and detain it for so long as is necessary 
for such examination; 

(i) exercise such other powers as may be prescribed:] 

1. Subs. by Act 94 of 1976, s. 6,for “every Chief Inspector and Inspector” (w.e.f. 26-10-1976). 
2. Ins. by Act 20 of 1987, s. 5 (w.e.f. 1-12-1987). 
3. Subs. by s. 5, ibid., for clause (b) and (c) (w.e.f. 1-12-1987 ). 

14 

 
                                                           
10. Certifying surgeons.—(1) The State Government may appoint qualified medical practitioners to 
be certifying surgeons for the purposes of this Act within such local limits or for such factory or class or 
description of factories as it may assign to them respectively. 

(2)  A  certifying  surgeon  may,  with  the  approval  of  the  State  Government,  authorise  any 
qualified medical  practitioner  to  exercise  any  of his  powers  under  this  Act  for  such  period  as  the 
certifying surgeon may specify and subject to such conditions as the State Government may think fit to 
impose,  and  references  in this  Act  to  a  certifying  surgeon shall  be  deemed  to  include  references  to  any 
qualified medical practitioner when so authorised. 

(3) No person shall be appointed to be, or authorised to exercise the powers of, a certifying surgeon, 
or  having  been  so  appointed  or  authorised,  continue  to  exercise  such  powers,  who  is  or  becomes  the 
occupier of a factory or is or becomes directly or indirectly interested therein or in any process or business 
carried on therein on in any process or machinery connected therewith or is otherwise in the employ of 
the factory: 

1[Provided that the State Government may, by order in writing and subject to such conditions as may 
be specified in the order, exempt any person or class of persons from the provisions of this sub-section in 
respect of any factory or class or description of factories.] 

(4) The certifying surgeon shall carry out such duties as may be prescribed in connection with— 

(a) the examination and certification of young persons this Act; 
(b) the examination of person engaged in factories in such dangerous occupations or processes as 

may be prescribed; 

(c) the  exercising  of  such medical  supervision  as  may  be  prescribed  for any  factory  or  class  or 

description of factories where— 

(i)  cases  of  illness  have  occurred  which  it  is  reasonable  to  believe  are  due  to  the  nature  of  the 

manufacturing process carried on, or other conditions of work prevailing, therein; 

(ii)  by  reason  of  any  change  in  the  manufacturing  process carried  on  or  in  the substances  used 
therein or by reason of the adoption of any new manufacturing process or of any new substance for 
use in a manufacturing process, there is a likelihood of injury to the health of workers employed in 
that manufacturing process; 

(iii) young persons are, or are about to be, employed in any work which is likely to cause injury 

to their health. 
Explanation.—In this section “qualified medical practitioner” means a person holding a qualification 
granted by an authority specified in the Schedule to the Indian Medical Degrees Act, 1916 (7 of 1916), or 
in the Schedules to the Indian Medical Council Act, 1933 (27 of 1933)2. 

CHAPTER III 
HEALTH 

11. Cleanliness.—(1) Every factory shall be kept clean and free from effluvia arising from any drain, 

privy or other nuisance, and in particular— 

(a) accumulation  of  dirt  and  refuse  shall  be  removed  daily  by  sweeping  or  by  any  other 
effective method  from  the  floors  and  benches  of  workrooms  and  from  staircases  and  passages,  and 
disposed of in a suitable manner; 

(b) the floor of every workroom shall be cleaned at least once in every week by washing, using 

disinfectant, where necessary, or by some other effective method; 

(c) where  a  floor  is  liable  to  become  wet  in  the  course  of  any  manufacturing  process  to  such 

extent as is capable of being drained, effective means of drainage shall be provided and maintained; 

(d) all  inside  walls  and  partitions,  all  ceilings  or  tops  of  rooms  and  all  walls,  sides  and  tops  of 

passages and staircases shall— 

(i)  where  they  are 3[painted  otherwise  than  with  washable  water-paint]  or  varnished,  be  re-

painted or re-varnished at least once in every period of five years; 

1. Ins. by Act 94 of 1976, s. 7 (w.e.f. 26-10-1976). 
2. See now the Indian Medical Council Act, 1956 (102 of 1956). 
3. Subs. by Act 94 of 1976, s. 8, for “painted” (w.e.f. 26-10-1976). 

15 

 
                                                           
1[(ia) where they are painted with washable water-paint, be re-painted with at least one coat 
of such paint at least once in every period of three years and washed at least once in every period 
of six months;] 

(ii) where they are painted or varnished or where they have smooth impervious surfaces be 

cleaned at least once in every period of fourteen months by such method as may be prescribed; 

(iii)  in  any  other  case,  be  kept  white  washed  or  colour  washed,  and  the  whitewashing  or 

colour washing shall be carried out at least once in every period of fourteen months; 

2[(dd) all doors and window frames and other wooden or metallic framework and shutters shall be 
kept  painted  or  varnished  and  the  painting  or  varnishing  shall  be  carried  out  at  least  once  in  every 
period of five years;] 

(e) the dates on which the processes required by clause (d) are carried out shall be entered in the 

prescribed register. 

(2)  If,  in  view  of  the  nature  of  the  operations  carried  on 3[in  a  factory  or  class  or  description  of 
factories or any part of a factory or class or description of factories], it is not possible for the occupier to 
comply with all or any of the provisions of subsection (1), the State Government may by order exempt 
such factory or class or description of factories 4[or part] from any of the provisions of that sub-section 
and specify alternative methods for keeping the factory in a clean stale. 

12. Disposal of wastes and effluents.—5[(1) Effective arrangements shall be made in every factory 
for  the  treatment  of  wastes  and  effluents  due  to  the  manufacturing  process  carried  on  therein,  so  as  to 
render them innocuous, and for their disposal.] 

(2) The State Government may make rules prescribing the arrangements to be made under sub-section 
(1) or requiring that the arrangements made in accordance with sub-section (1) shall be approved by such 
authority as may be prescribed. 

13.  Ventilation  and  temperature.—(1)  Effective  and  suitable  provision  shall  be  made  in  ever 

factory for securing and maintaining in every workroom— 

(a) adequate ventilation by the circulation of fresh air, and 

(b)  such  a  temperature  as  will  secure  to  workers  therein  reasonable  conditions  of  comfort  and 

prevent injury to health; 

and in particular,— 

(i) walls and roofs shall be of such material and so designed that such temperature shall not be 

exceeded bill kept as tow as practicable; 

(ii)  where  the  nature  of  the  work  carried  on  in  the  factory  involves,  or  is  likely  to  involve  the 
production of excessively high temperatures, such adequate measures as are practicable shall be taken 
to protect the workers therefrom, by separating the process which produces such temperatures from 
the workroom, by insulating the hot parts or by other effective means. 

(2)  The  State  Government  may  prescribe  a  standard  of  adequate  ventilation  and  reasonable 
temperature for any factory or class or description of factories or parts thereof and direct that6[proper me 
assuring instruments, at such places and in such position as may be specified, shall be provided and such 
records, as may be prescribed, shall be maintained.] 

7[(3)  If  it  appears  to  the  Chief  Inspector  that  excessively  high  temperatures  in  any  factory  can  be 
reduced  by  the  adoption  of  suitable  me  assures,  he  may,  without  prejudice  to  the  rules  made  under  

1. Ins. by Act 94 of 1976, s. 8 (w.e.f. 26-10-1976). 
2. Ins. by s. 8, ibid.  (w.e.f. 26-10-1976). 
3. Subs. by s. 8,ibid.,for “in a factory” (w.e.f. 26-10-1976). 
4. Ins. by s. 8, ibid. (w.e.f. 26-10-1976). 
5. Subs. by s. 9, ibid., for sub-section (1) (w.e.f. 26-10-1976). 
6. Subs. by Act 20 of 1987, s. 6, for certain words (w.e.f. 1-12-1987). 
7. Subs. by s. 6, ibid., for “sub-section (3) (w.e.f. 1-12-1987). 

16 

 
                                                           
sub-section (2), serve on the occupier, an order in writing specifying the me assures which, in his opinion, 
should be adopted, and requiring them to be carried out before a specified date.] 

14. Dust and fume.—(1) In every factory in which, by reason of the manufacturing process carried 
on, there is given off any dust or fume or other impurity of such a nature and to such an extent as is likely 
to  be  injurious  or  offensive  to  the  workers  employed  therein,  or  any  dust  in  substantial  quantities, 
effective measures shall be taken to prevent its inhalation and accumulation in any workroom, and if any 
exhaust appliance is necessary for this purpose, it shall be applied as near as possible to the point of origin 
of the dust, fume or other impurity, and such point shall be enclosed so far as possible. 

(2)  In  any  factory  no  stationary  internal  combustion  engine  shall  be  operated  unless  the  exhaust  is 
conducted into the open air, and no other internal combustion engine shall be operated in any room unless 
effective measures have been taken to prevent such accumulation of fumes therefrom as are likely to be 
injurious to workers employed in the room. 

15.  Artificial  humidification.—(1)  In  respect  of  all  factories  in  which  the  humidity of  the  air  is 

artificially increased, the State Government may make rules,— 

(a) prescribing standards of humidification; 

(b) regulating the methods used for artificially increasing the humidity of the air; 

(c)  directing  prescribed  tests  for  determining  the  humidity  of  the  air  to  be  correctly  carried  out 

and recorded; 

(d) prescribing methods to be adopted for securing adequate ventilation and cooling of the air in 

the workrooms. 

(2)  In  any  factory  in  which  the  humidity  of  the  air  is  artificially  increased,  the  water  used  for  the 
purpose  shall  be  taken  from  a  public  supply,  or  other  source  of  drinking  water,  or  shall  be  effectively 
purified before it is so used. 

(3)  If  it  appears  to  an  Inspector  that  the  water  used  in  a  factory  for  increasing  humidity  which  is 
required to  be effectively purified  under  sub-section (2)  is  not effectively  purified  he  may  serve  on  the 
manager  of  the  factory  an  order  in  writing,  specifying  the measures  which  in his  opinion  should  be 
adopted, and requiring them to be carried out before specified date. 

16. Overcrowding.—(1) No room in any factory shall be overcrowded to an extent injurious to the 

health of the workers employed therein. 

(2)  Without  prejudice  to  the  generality  of  sub-section  (1)  there  shall  be  in  every  workroom  of  a 
factory  in  existence  on  the  date  of  the  commencement  of  this  Act  at  least1[9.9  cubic  meters]  and  of  a 
factory built after the commencement of this Act at least2[14.2 cubic meters] of space for every worker 
employed therein, and for the purposes of this sub-section no account shall be taken of any space which is 
more than3[4.2 meters] above the level of the floor of the room. 

(3) If the Chief Inspector by order in writing so requires, there shall be posted in each workroom of a 
factory a notice specifying the maximum number of workers who may, in compliance with the provisions 
of this section, be employed in the room. 

(4) The Chief Inspector may by order in writing exempt, subject to such conditions, if any, as he may 
think fit to impose, any workroom from the provisions of this section, if he is satisfied that compliance 
therewith  in  respect  of  the  room  is  unnecessary  in  the  interest  of  the  health  of  the  workers  employed 
therein. 

17.  Lighting.—(1)  In  every  pan  of  a  factory  where  workers  are  working  of  passing  there  shall  be 

provided and maintained sufficient and suitable lighting, natural or artificial, or both. 

1. Subs. by Act 20 of 1987, s. 7 for “three hundred and fifty cubic feet” (w.e.f. 1-12-1987). 
2. Subs. by s. 7, ibid., for “five hundred cubic feet” (w.e.f. 1-12-1987). 
3. Subs. by s. 7, ibid., for “fourteen feet” (w.e.f. 1-12-1987). 

17 

 
                                                           
(2) In every factory all glazed windows and skylights used for the lighting of the workrooms shall be 
kept clean on both the inner and outer surfaces and, so far as compliance with the provisions of any rules 
made under sub-section (3) of section 13 will allow, free from obstruction. 

(3) In even factory effective provision shall, so far as is practicable, be made for the prevention of— 

(a) glare, either directly from a source of light or by reflection from a smooth or polished surface: 

(b) the formation of shadows to such an extent as to cause eye-strain or the risk of accident to any 

worker. 

(4) The State Government may prescribe standards of sufficient and suitable lighting for factories or 

for any class or description of factories or for any manufacturing process. 

18.  Drinking  water.—(1)  In  every  factory  effective  arrangements  shall  be  made  to  provide  and 
maintain at suitable points conveniently situated for all workers employed therein a sufficient supply of 
wholesome drinking water. 

(2) All such points shall be legibly marked “drinking water” in a language understood by a majority 
of  the  workers  employed  in  the  factory,  and  no  such  point  shall  be  situated  within 1[six  meters  of  any 
washing  place,  urinal,  latrine,  spittoon,  open  drain  carrying  sull  age  or  effluent  or  any  other  source  of 
contamination] unless a shorter distance is approved in writing by the Chief Inspector. 

(3)  In  every  factory  wherein  more  than  two  hundred  and  fifty  workers  are  ordinarily  employed, 
provision  shall  be  made  for  cool  drinking  water  during  hot  weather  by  effective  means  and  for 
distribution thereof. 

(4) In respect of all factories or any class or description of factories the State Government may make 
rules for securing compliance with the provisions of sub-sections (1), (2) and (3) and for the examination 
by prescribed authorities of the supply and distribution of drinking water in factories. 

19. Latrines and urinals.—(1) In every factory— 

(a)  sufficient  latrine  and  urinal  accommodation  of  prescribed  types  shall  be  provided 

conveniently situated and accessible to workers at all times while they are at factory; 

(b) separate enclosed accommodation shall be provided for male and female workers; 

(c) such accommodation shall be adequately lighted and ventilated, and no latrine or urinal shall, 
unless specially exempted in writing by the Chief Inspector, communicate with any work room except 
through an intervening open space or ventilated passage; 

(d) all such accommodation shall be maintained in a clean and sanitary condition at all times; 

(e) sweepers shall be employed whose primary duty it would be to keep clean latrines, urinals and 

washing places. 

(2) In every factory wherein more than two hundred and fifty workers are ordinarily employed— 

(a) all latrine and urinal accommodation shall be of prescribed sanitary types; 

(b) the floors and internal walls, up to a height of2[ninety centimeters], of the latrines and urinals 
and the sanitary blocks shall be laid in glazed tiles or otherwise finished to provide a smooth polished 
impervious surface; 

(c)  without  prejudice  to  the  provisions  of  clauses  (d)  and  (e)  of  sub-section  (1),  the  floors, 
portions of the walls and blocks so laid or finished and the sanitary pans of latrines and urinals shall 
be  thoroughly  washed  and  cleaned  at  least  once  in  every  seven  days  with  suitable  detergents  or 
disinfectants or with both. 

1. Subs. by Act 20 of 1987, s. 8, for “twenty feet of any washing place, urinal or latrine” (w.e.f. 1-12-1987). 
2. Subs. Act 20 of 1987, by s. 9, “three feet” (w.e.f. 1-12-1987). 

18 

 
                                                           
(3)  The  State  Government  may  prescribe  the  number  of  latrines  and  urinals  to  be  provided  in  any 
factory  in  proportion  to  the  numbers  of  male  and  female  workers  ordinarily  employed  therein,  and 
provide for such further mailers in respect of sanitation in factories, including the obligation of workers in 
this regard, as it considers necessary in the interest of the health of the workers employed therein. 

20.  Spittoons.—(1)  In  every  factory  there  shall  be  provided  a  sufficient  number  of  spittoons  in 

convenient places and they shall be maintained in a clean and hygienic condition. 

(2)  The  State  Government  may  make  rules  prescribing  the  type  and  the  number  of  spittoons  to  be 
provided  and  their  location  in  any  factory  and  provide  for  such  further  matters  relating  to  their 
maintenance in a clean and hygienic condition. 

(3)  No  person  shall  spit  within  the  premises  of  a  factory  except  in  the  spittoons  provided  for  the 
purpose  and  a  notice  containing  this  provision  and  the  penalty  for  its  violation  shall  be  prominently 
displayed at suitable places in the premises. 

(4) Whoever spits in contravention of sub-section (3) shall be punishable with fine not exceeding five 

rupees. 

CHAPTER IV 

SAFETY 

21. Fencing of machinery.—(1) In every factory the following, namely:— 

(i) every moving part of a prime mover and every flywheel connected to a prime mover, whether 

the prime mover or flywheel is in the engine house or not; 

(ii) the headrace and tailrace of every water-wheel and water turbine: 

(iii) any part of a stock-bar which projects beyond the head stock of a lathe; and 

(iv)  unless  they  are  in  such  position  or  of  such  construction  as  to  be  safe  to  every  person 

employed in the factory as they would be if they were securely fenced, the following, namely:— 

(a) every part of an electric generator, a motor or rotary converter; 

(b) every part of transmission machinery; and 

(c) ever dangerous part of any other machinery; 

shall be securely fenced by safeguards of substantial construction which 1[shall be constantly maintained 
and kept in position] while the parts of machinery the y are fencing are in motion or in use: 

2[Provided that for the purpose of determining whether any part of machinery is in such position or is 

of such construction as to be safe as aforesaid, account shall not be taken of any occasion when— 

(i)  it is  necessary  to  make  an  examination  of any  part  of the  machinery  aforesaid  while it  is in 
motion or, a s a result of such examination, to carry out lubrication or other adjusting operation while 
the machinery is in motion, being an examination or operation which it is necessary to be carried out 
while that part of the machinery is in motion, or 

(ii) in the case of any part of a transmission machinery used in such process as may be prescribed 
(being  a  process  of  a  continuous  nature  the  currying  on  of  which  shall  be,  or  is  likely  to  be  , 
substantially interfered with by the stoppage of that part of the machinery), it is necessary to make an 
examination of such part of the machinery while it is in motion or, a s a result of such examination, to 
carry  out  any  mounting  or  shipping  of  belts  or  lubrication  or  other  adjusting  operation  while  the 
machinery is in motion, 

and such examination or operation is made or carried out in accordance with the provisions of sub-section 
(1) of section 22.] 

1. Subs. by Act 94 of 1976, s. 10, for “shall be kept in position” (w.e.f. 26-10-1976). 
2. Subs. by s. 10, ibid., for the proviso (w.e.f. 26-10-1976). 

19 

 
                                                           
(2)  The  State  Government  may  by  rules  prescribe  such  further  precautions  as  it  may  consider 
necessary in respect of any particular machinery or part thereof, or exempt, subject to such condition as 
may be prescribed, for securing the safety of the workers, any particular machinery or part thereof from 
the provisions of this section. 

22.  Work  on  or  near  machinery  in  motion.—(1) 1[Where  in  any  factory  it  becomes  necessary  to 
examine any part of machinery referred to in section 21, while the machinery is in motion, or, as a result 
of such examination, to carry out— 

(a) in case referred to in clause (i) of the proviso to sub-section (1) of section 21, lubrication or 

other adjusting operation; or 

(b) in a case referred to in clause (ii) of the proviso aforesaid, any mounting or shipping of belts 

or lubrication or other adjusting operation, 

while the machinery is in motion, such examination or operation shall be made or carried out only by a 
specially  trained  adult  male  worker  wearing  tight  fitting  clothing  (which  shall  be  supplied  by  the 
occupier)  whose  name  has  been  recorded  in  the  register  prescribed  in  this  behalf  and  who  has  been 
furnished with a certificate of this appointment, and while he is so engaged,— 

(a) such worker shall not handle a belt at a moving pulley unless— 

(i) the belt is not more than fifteen centimeters in width; 

(ii)  the  pulley  is  normally  for  the  purpose  of  drive  and  not merely  a  fly-wheel  or  balance 

wheel (in which case a belt is not permissible); 

(iii) the belt joint is either laced or flush with the belt; 

(iv) the belt, including the joint and the pulley rim, are in good repair; 

(v) there is reasonable clearance between the pulley and any fixed plant or structure; 

(vi) secure foothold and, where necessary, secure handhold, are provided for the operator; and 

(vii)  any  ladder  in  use  for  carrying  out  any  examination  or  operation  aforesaid  is  securely 

fixed or lashed or is firmly held by a second person;] 

(b) without  prejudice  to  any  other  provision  of  this  Act  relating  to  the  fencing  of  machinery, 
every set screw, bolt and key on any revolving shaft, spindle, wheel or pinion, and all spur, worm and 
other toothed or friction gearing in motion with which such worker would otherwise be liable to come 
into contact, shall be securely fenced to prevent such contact. 
2[(2)  No  woman  or  young  person  shall  be  allowed to  clean,  lubricate  or  adjust any  part  of  a prime 
mover or of any transmission machinery while the prime mover or transmission machinery is in motion, 
or to clean, lubricate or adjust any part of any machine if the cleaning, lubrication or adjustment thereof 
would expose the woman or young person to risk of injury from any moving part either of that machine or 
of any adjacent machinery.] 

(3)  The  State  Government  may,  by  notification  in  the  Official  Gazelle,  prohibit,  in  any  specified 
factory  or  class  or  description  of  factories,  the  cleaning,  lubricating  or  adjusting  by  any  person  of 
specified parts of machinery when those parts are in motion. 

23.  Employment  of  young  persons  on  dangerous  machines.—(1)  No  young  person 3[shall  be 
required  or  allowed  to  work]  at  any  machine  to  which  this  section  applies,  unless  he  has  been  fully 
instructed  as  to the dangers  arising  in  connection  with  the  machine  and  the  precautions  to  be  observed 
and— 

(a) has received sufficient training in work at the machine, or 

(b) is under adequate supervision by a person who has a thorough knowledge and experience of 

the machine. 

1. Subs. by Act 94 of 1976, s. 10, for the opening paragraph and clause (a) (w.e.f. 26-10-1976). 
2. Subs. by Act 25 of 1954, s. 6, for sub-section (2) (w.e.f. 7-5-1954). 
3. Subs. by Act 20 of 1987, s. 10, for “shall work” (w.e.f. 1-12-1987). 

20 

 
                                                           
(2) Sub-section (1) shall apply to such machines as may be prescribed by the State Government, being 
machines which in its opinion are of such a dangerous character that young persons ought not to work at 
them unless the foregoing requirements are complied with. 

24. Striking gear and devices for cutting off power.—(1) In every factory— 

(a)  suitable  striking  gear  or  other  efficient  me  chemical  appliance  shall  be  provided  and 
maintained and used to move driving belts to and from fast and loose pulleys which form part of the 
transmission machinery, and such gear or appliances shall be so constructed, placed and maintained 
as to prevent the belt from creeping back on the fast pulley; 

(b) driving belts when not in use shall not be allowed to rest or ride upon shafting in motion. 

(2)  In  every  factory  suitable  devices  for  cutting  off  power  in  emergencies  from  running  machinery 

shall be provided and maintained in every workroom: 

Provided that in respect of factories in operation before the commencement of this Act, the provisions 

of this sub-section shall apply only to workrooms in which electricity is used as power. 

1[(3)  When  a  device,  which  can  inadvertently  shift  from  “off  “  to  “on”  position,  is  provided  in  a 
factory to cut off power, arrangements shall be provided for locking the device in safe position to prevent 
accidental starting of the transmission machinery or other machines to which the device is fitted]. 

25.  Self-acting  machines.—No  traversing  part  of  a  self-acting  machine  in  any  factory  and  no 
material carried thereon shall, if the space over which it runs is a space over which any person is liable to 
pass, whether in the course of his employment or otherwise, be allowed to run on its outward or inward 
traverse  within  a  distance  of  2[forty-five  centimeters]  from  any  fixed  structure  which  is  not  part  of  the 
machine: 

Provided  that  the  Chief  Inspector  may  permit  the  continued  use  of  a  machine  installed  before  the 
commencement  of  this  Act  which  does  not  comply  with  the  requirements  of  this  section  on  such 
conditions for ensuring safety as he may think fit to impose. 

26. Casing of new machinery.—(1) In all machinery driven by power and installed in any factory 

after the commencement of this Act,— 

(a) every set screw, bolt or key on any revolving shaft, spindle, wheel or pinion shall be so sunk, 

encased or otherwise effectively guarded as to prevent danger; 

(b)  all  spur,  worm  and  other  toothed  or  friction  gearing  which  does  not  require  frequent 
adjustment while in motion shall be completely encased, unless it is so situated as to be as safe as it 
would be if it were completely encased. 

(2) Whoever sells or lets on hi re or, as agent of a seller or hirer, causes or procures to be sold or let 
on hi re, for use in a factory any machinery driven by power which does not comply with the provisions 
of 3[sub-section (1) or any rules made under sub-section (3)], shall be punishable with imprisonment for a 
term which may extend to three months or with fine  which may extend to five hundred rupees or with 
both. 

4[(3) The State Government may make rules specifying further safeguards to be provided in respect of 

any other dangerous part of any particular machine or class or description of machines.] 

27. Prohibition of employment of women and children near cotton-openers.—No woman or child 

shall be employed in any part of a factory for pressing cotton in which a cotton opener is at work: 

Provided  that  if  the  feed-end  of  a  cotton-opener is  in  a  room  separated  from  the  delivery  end  by  a 
partition  extending  to  the  roof  or to such  height  as  the  Inspector  may in  any  particular  case  specify  in 
writing, women and children may be employed on the side of the partition where the feed-end is situated. 

1. Ins. by Act 94 of 1976, s. 12 (w.e.f. 26-10-1976). 
2. Subs. by Act 20 of 1987, s. 11, for “eighteen inches” (w.e.f. 1-12-1987). 
3. Subs. by Act 25 of 1954, s. 7, for “sub-section (1)” (w.e.f. 7-5-1954). 
4. Subs. by s. 7, ibid., for “sub-section (3)” (w.e.f. 7-5-1954). 

21 

 
                                                           
28. Hoists and lifts.—(1) In every factory— 

(a) every hoist and lift shall be— 

(i) of good mechanical construction, sound material and adequate strength; 
(ii)  properly  maintained,  and  shall  be  thoroughly  examined  by  a  competent  person  at  least  once  in 
every period of six months, and a register shall be kept containing the prescribed particulars of very such 
examination; 
(b) every  hoistway  and  lift  way  shall  be  sufficiently  protected  by  an  enclosure  fitted  with  gates,  and  the 
hoist  or  lift  and  every  such  enclosure  shall  be  so  constructed  as  to  prevent  any  person  or  thing  from  being 
trapped between any part of the hoist or lift and any fixed structure or moving part; 

(c) the maximum safe working load shall be plainly marked on every hoist or lift, and no load greater than 

such toad shall be carried thereon; 

(d) the  cage  of  every  hoist  or  lift  used  for  carrying  persons  shall  be  fitted  with  a  gate  on  each  side  from 

which access is afforded to a landing; 

(e) every gate referred to in clause (b) or clause (d) shall be fitted with interlocking or other efficient device 
to  secure  that  the  gate  cannot  be  opened  except  when  the  cage  is  at  the  landing  and  that  the  cage  cannot  be 
moved unless the gate is closed. 
(2) The following additional requirement shall apply to hoists and lifts used for carrying persons and installed or 

reconstructed in a factory after the commencement of this Act, namely:— 

(a) where  the  cage  is  supported  by  rope  or  chain,  there  shall  be  at  least  two  ropes  of  chains  separately 
connected  with  the  cage  and  balance  weight,  and  each  rope  or  chain  with  its  attachments  shall  be  capable  of 
carrying the whole weight of the cage together with its maximum load; 

(b) efficient  devices  shall  be  provided  and  maintained  capable  of  supporting  the  cage  together  with  its 

maximum load in the event of breakage of the ropes, chains or attachments; 

(c) an efficient automatic device shall be provided and maintained to prevent the cage from over-running. 
(3)  The  Chief  Inspector  may  permit  the  continued,  use  of  a  hoist  of  lift  installed  in  a  factory  before  the 
commencement of this Act which does not fully comply with the provisions of sub-section (1) upon such conditions 
for ensuring safely as he may think fit to impose. 

(4) The State Government may, if in respect of any class or description of hoist  or lift, it is of opinion that it 
would be unreasonable to enforce any requirement of sub-sections (1) and (2), by order direct that such requirement 
shall not apply to such class or description of hoist or lift. 

1[Explanation.—For the purposes of this section, no lifting machine or appliance shall be deemed to be a hoist 

or lift unless it has a platform or cage, the direction or movement of which is restricted by a guide or guides.] 

2[29. Lifting machines, chains, ropes and lifting tackles.—(1) In any factor the following provisions shall be 
complied with in respect of every lifting machine (other than a hoist and lift) and every chain, rope and lifting tackle 
for the purpose of raising or lowering persons, goods or materials:— 

(a) all  parts,  including  the  working  gear,  whether  fixed  or  movable,  of  every  lifting  machine  and  every 

chain, rope or lifting tackle shall be— 

(i) of good construction,” sound material and adequate strength and free from defects; 
(ii) properly maintained; and 
(iii) thoroughly examined by a competent person at least once in every period of twelve months, or at 
such  intervals  as  the  Chief  Inspector  may  specify  in  writing;  and  a  register  shall  be  kept  containing  the 
prescribed particulars of every such examination; 
(b) no  lifting  machine  and  no  chain,  rope  or  lifting  tackle  shall,  except  for  the  purpose  of  test  be  loaded 
beyond the safe working toad which shall be plainly marked thereon together with an identification mark and 
duly entered in the prescribed register; and where this is not practicable, a table showing the safe working loads 
of every kind and size of lifting machine or chain, rope or lifting tackle in use shall be displayed in prominent 
positions on the premises; 

(c) while any person is employed or working on or near the wheel track of a travelling crane in any place 
where  he  would be liable to be struck by the crane, effective measures shall be taken to ensure that the crane 
does not approach within 3[six meters] of that place. 

(2)  The  State  Government  may  make  rules  in  respect  of  any  lifting  machine  or  any  chain,  rope  or 

lifting tackle used in factories— 

(a)  prescribing  further  requirements  to  be  complied  with  in  addition to those  set  out  in this 

section; 

1. Ins. by Act 20 of 1987, s. 12 (w.e.f. 1-12-1987). 
2. Subs. by Act 25 of 1954, s. 8, for section 29 (w.e.f. 7-5-1954). 
3. Subs. by Act 20 of 1987, s. 13, for “twenty feet” (w.e.f. 1-12-1987). 

22 

 
                                                           
(b) providing for exemption from compliance with all or any of the requirements of this section, 

where in its opinion, such compliance is unnecessary or impracticable. 

(3) For the purposes of this section a lifting machine or a chain, rope or lifting tackle shall be deemed 
to  have  been  thoroughly  examined  if  a  visual  examination  supplemented, if  necessary,  by  other means 
and by the dismantling of parts of the gear, has been carried out as carefully as the conditions permit in 
order to arrive at a reliable conclusion as to the safely of the parts examined. 

Explanation.—In this section.— 

(a) “lifting machine” means a crane, crab, winch, teagle, pulley block, gin wheel, transporter or 

runway; 

1[(b) “lifting tackle” means any chain sling, rope sling, hook, shackle, swivel, coupling, socket, 
clamp,  tray  or  similar  appliance,  whether  fixed  or  movable, used  in  connection  with  the  raising 
or lowering of persons, or loads by use of lifting machines.] 

30.  Revolving  machinery.—(1)2[In  every  factory]  in  which  the  process  of  grinding  is  carried  on 
there shall be permanently affixed to or placed near each machine in use a notice indicating the maximum 
safe  working  peripheral  speed  of  every  grindstone  or  abrasive  wheel,  the  speed  of  the  shaft  or  spindle 
upon which the wheel is mounted, and the diameter of the pulley upon such shaft or spindle necessary to 
secure such safe working peripheral speed. 

(2) The speeds indicated in notices under sub-section (1) shall not be exceeded. 

(3)  Effective  me  assures  shall  be  taken  in  every  factory  to  ensure  that  the  safe  working  peripheral 
speed of every revolving vessel, cage, basket, fly-wheel, pulley, disc or similar appliance driven by power 
is not exceeded. 

31. Pressure plant.—3[(1) If in any factory, any plant or machinery or any part thereof is operated at 
a pressure above atmospheric pressure, effective measures shall be taken to ensure that the safe working 
pressure of such plant or machinery or part is not exceeded.] 

(2) The State Government may make rules providing for the examination and testing of any plant or 
machinery such as is referred to in sub-section (1) and prescribing such other safety me assures in relation 
thereto as may in its opinion be necessary in any factory or class or description of factories. 

4[(3)  The  State  Government  may,  by  rules,  exempt,  subject  to  such  conditions  as  may  be  specified 
therein,  any  part  of  any  plant  or  machinery  referred  to  in  sub-section  (1)  from  the  provisions  of  this 
section.] 

32. Floors, stairs and means of access.—In every factory— 

(a)  all  floors,  steps,  stairs,  passages  and  gangways  shall  be  of  sound  construction  and  properly 
maintained5[and shall be kept free from obstructions and substances likely to cause persons to slip], 
and where it is necessary to ensure safety, steps, stairs, passages and gangways shall be provided with 
substantial handrails; 

(b)  there  shall,  so  far  as  is  reasonably  practicable,  be  provided  and  maintained  safe  means  of 

access to every place at which any person is at any time required to work. 

6[(c) when any person has to work at a height from where he is likely to fall, provision shall be 
made, so far as is reasonably practicable, by fencing or otherwise, to ensure the safety of the person 
so working.] 

1. Subs. by Act 20 of 1987, s. 13, for clause (b) (w.e.f. 1-12-1987). 
2. Subs. by s. 14, ibid., for “in every room in a factory” (w.e.f. 1-12-1987). 
3. Subs. by s. 15, ibid., for sub-section (1) (w.e.f. 1-12-1987). 
4. Ins. by Act 94 of 1976, s. 13 (w.e.f. 26-10-1976). 
5. Ins. by s. 14, ibid. (w.e.f. 26-10-1976). 
6. Subs. by Act 20 of 1987,  s. 16, for clause (c) (w.e.f. 1-12-1987). 

23 

 
                                                           
33. Pits, sumps openings in floors, etc.—(1) In every factory every fixed vessel, sump, tank, pit or 
opening in the ground or in a floor which, by reason of its depth, situation, construction or contents, is or 
may be a source of danger, shall be either securely covered or securely fenced. 

(2)  The  State  Government  may,  by  order  in  writing,  exempt,  subject  to  such  conditions  as  may  be 
prescribed,  any  factory  or  class  or  description  of  factories  in  respect  of  any  vessel,  sump,  tank,  pit  or 
opening from compliance with the provisions of this section. 

34. Excessive weights.—(1) No person shall be employed in any factory to lift, carry or move any 

load so heavy as to be likely to cause him injury. 

(2) The  State  Government may  make  rules  prescribing  the  maximum  weights  which  may  be  lifted, 
carried or moved by adult men, adult women, adolescents and children employed in factories or in any 
class or description of factories or in carrying or any specified process. 

35. Protection of eyes.—In respect of any such manufacturing process carried on in any factory as 

may be prescribed, being a process which involves— 

(a) risk of injury to the eyes from particles or fragments thrown off in the course of the process, 

or 

(b) risk to the eyes by reason of exposure to excessive light, the State Government may by rules 
require  that  effective  screens  or  suitable  goggles  shall  be  provided  for  the  protection  of  persons 
employed on, or in the immediately vicinity of, the process. 

1[36. Precautions against dangerous fumes, gases, etc.—(1) No person shall be required or allowed 
to enter any chamber, tank, vat, pit, pipe, flue or other confined space in any factory in which any gas, 
fume vapour or dust is likely to be present to such an extent as to involve risk to persons being overcome 
thereby, unless it is provided with a manhole of adequate size or other effective means of egress. 

(2)  No  person  shall  be  required  or  allowed  to  enter  any  confined  space  as  is  referred  to  in                

sub-section (1), until all practicable me assures have been taken to remove any gas, fume, vapour or dust, 
which may be present so as to bring its level within the permissible limits and to prevent any ingress of 
such gas, fume, vapour or dust and unless— 

(a) a certificate in writing has been given by a competent person, based on a test carried out by 

himself that the space is reasonably free from dangerous gas , fume, vapour or dust; or 

(b) such person is wearing suitable breathing apparatus and a belt securely attached to a rope the 

free end of which is held by a person outside the confined space.] 

2[36A. Precautions regarding the use of portable electric light.—In any factory— 

(a)  no  portable  electric  light  or  any  other  electric  appliance  of  voltage  exceeding  twenty-four 
volts  shall  be  permitted  for  use  inside  any  chamber,  tank,  vat,  pit,  pipe,  flue  or  other  confined 
space3[unless adequate safety devices are provided]; and 

(b) if any inflammable gas, fume or dust is likely to be present in such chamber, tank, vat, pit, 
pipe, flue or other confined space, no lamp or light other than that flame-proof construction shall be 
permitted to be used therein.] 

37. Explosive or inflammable dust, gas, etc.—(1) Where in any factory any manufacturing process 
produces  dust,  gas,  fume  or  vapour  of  such  character  and  to  such  extent  as  to  be  likely  to  explode  on 
ignition, all practicable measure shall be taken to prevent any such explosion by— 

(a) effective enclosure of the plant or machinery used in the process; 

(b) removal or prevention of the accumulation of such dust, gas, fume or vapour; 

(c) exclusion or effective enclosure of all possible sources of ignition. 

1. Subs. by Act 20 of 1987,  s. 17, for section 36 (w.e.f. 1-12-1987). 
2. Ins. by Act 94 of 1976, s. 16 (w.e.f. 26-10-1976). 
3. Ins. by Act 20 of 1987, s. 18 (w.e.f. 1-12-1987). 

24 

 
                                                           
(2) Where in any factory the plant or machinery used in a process such as is referred to in sub-section (1) is not 
so  constructed  as  to  withstand  the  probable  pressure  which  such  an  explosion  as  aforesaid  would  produce,  all 
practicable measures shall be taken to restrict the spread and effects of the explosion by the provision in the plant or 
machinery of chokes, baffles, vents or other effective appliances. 

(3) Where any part of the plant or machinery in a factory contains any explosive or inflammable gas or vapour 
under  pressure  greater  than  atmospheric  pressure,  that  part  shall  not  be  opened  except  in  accordance  with  the 
following provisions, namely:— 

(a) before the fastening of any joint of any pipe connected with the part or the fastening of the cover of any 
opening  into  the  part  is  loosened,  any  flow  of  the  gas  or  vapour  into  the  part  of  any  such  pipe  shall  be 
effectively stopped by a stop-valve or other means; 

(b) before any such fastening as aforesaid is removed, all practicable measures shall be taken to reduce the 

pressure of the gas or vapour in the part or pipe to atmospheric pressure; 

(c) where any such fastening as aforesaid has been loosened or removed effective measures shall be taken 
or  prevent  any  explosive  or  inflammable  gas  or  vapour  from  entering  the  part  or  pipe until  the  fastening  has 
been secured, or the case may be, securely replaced; 
Provided that the provisions of this sub-section shall not apply in the case of plant or machinery installed in the 

open air. 

(4) No plant, tank or vessel which contains or has contained any explosive or inflammable substance shall be 
subjected in any  factory to any  welding, brazing, soldering or cutting operation  which  involves the application of 
heat unless adequate measures have first been taken to remove such substance and any fumes arising therefrom or to 
render such substance and fumes non-explosive or non-inflammable, and no such substance shall be allowed to enter 
such  plant,  tank  or  vessel  after  any  such  operation  until  the metal  has  cooled  sufficiently  to  prevent  any  risk  of 
igniting the substance. 

(5) The State Government may by rules exempt, subject to such conditions as may be prescribed, any factory or 

class or description of factories from compliance with all or any of the provisions of this section.  

1[38.  Precautions  in  case  of  fire.—(1)  In  every  factory,  all  practicable  me  assures  shall  he  taken  to  prevent 

outbreak of fire and its spread, both internally and externally, and to provide and maintain— 

(a) safe means of escape for all persons in the event of a fire, and 
(b) the necessary equipment and facilities for extinguishing fire. 

(2)  Effective  me  assures  shall  be  taken  to  ensure  that  in  every  factory  all  the  workers  are  familiar  with  the 

means of escape in case of fire and have been adequately trained in the routine to be followed in such cases. 

(3)  The  State  Government  may  make  rules,  in  respect  of  any  factory  or  class  or  description  of  factories, 

requiring the meassures to be adopted to give effect to the provisions of sub-section (1) and (2). 

(4)  Notwithstanding  anything  contained  in  clause  (a)  of  sub-section  (1)  or  sub-section  (2),  if  the  Chief 
Inspector, having regard to the nature of the work carried on in any factory, the construction of such factory, special 
risk  to  life  or  safety,  or  any  other  circumstances,  is  of  the  opinion  that  the  me  assures  provided  in  the  factory, 
whether as prescribed or not, for the purposes of clause (a) of sub-section (1) or sub-section (2), are inadequate, he 
may, by order in writing, require that such additional me assures as he may consider reasonable and necessary, be 
provided in the factory before such date as is specified in the order.] 

39. Power to require specifications of defective parts or tests of stability.—If it appears to the Inspector that 
any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that 
it may be dangerous to human life or safety, he may serve on  2[the occupier or manger or both] of the factory an 
order in writing requiring hi m before a specified date— 

(a) to furnish such drawings, specifications and other particulars as may be necessary to determine whether 

such building, ways, machinery or plant can be used with safety, or 

(b) to carry out such tests in such manner as may be specified in the order, and to inform the Inspector of 

the results thereof. 
40.  Safety  of  buildings  and  machinery.—(1)  If  it  appears  to  the  Inspector  that  any  building  or  part  of  a 
building or any part of the ways, machinery or plant in a factory is in such a condition that it is dangerous to human 
life or safety, he may serve on  1[the occupier or manager or both] of the factory an order in writing specifying the 
me assures which in his opinion should be adopted, and requiring them to be carried out before a specified date. 
(2) If it appears to the Inspector that the use of any building or part of a building or any part of the ways, 
machinery or plant in a factory involves imminent danger to human life or safety, he may serve on 1[the occupier or 
manager or both] of the factory an order in writing prohibiting its use until it has been properly repaired or altered. 

1. Subs. by Act 20 of 1987, s. 19, for section 38 (w.e.f. 1-12-1987). 
2. Subs. by Act 94 of 1976, s. 18, for “the manager” (w.e.f. 26-10-1976). 

25 

 
                                                           
1[40A.  Maintenance  of  buildings.—If  it  appears  to  the  Inspector  that  any  building  or  part  of  a 
building  in  a  factory  is  in  such  a  state  of  disrepair  as  is  likely  to  lead  to  conditions  detrimental  to  the 
health  and  welfare  of  the  workers,  he  may  serve  on  the  occupier  or  manager  or  both  of  the  factory  an 
order in writing specifying the me assures which in his opinion should be taken and requiring the same to 
be carried out before such date as is specified in the order.] 

40B. Safety Officers.—(1) In every factory— 

(i) wherein one thousand or more workers arc ordinarily employed, or 

(ii) wherein, in the opinion of the State Government, any manufacturing process or operation is 
carried on, which process or operation involves any risk of bodily injury, poisoning or disease, or any 
other hazard to health, to the persons employed in the factory, 

the occupier shall, if so, required by the State Government by notification in the Official Gazette, employ 
such number of Safety Officers as may be specified in that notification. 

(2)  The  duties,  qualifications  and  conditions  of  service  of  Safety  Officer  shall  be  such  as  may  be 

prescribed by the State Government.] 

41.  Power  to  make  rules  to  supplement  this  Chapter.—The  State  Government  may  make  rules 
requiring the provision in any factory or in any class or description of factories of such further2[devices 
and me assures] for securing the safely of persons employed therein as it may deem necessary. 

3[CHAPTER IVA 

PROVISION RELATING TO HAZARDOUS PROCESSES 

41A. Constitution of Site Appraisal Committees.—(1) The State Government may, for purposes of 
advising it to consider applications for grant of permission for the initial location of a factory involving a 
hazardous process or for the expansion of an such factory, appoint a Site Appraisal Committee consisting 
of— 

(a) the Chief Inspector of the State who shall be its Chairman; 

(b)  a  representative  of  the  Central Board  for  the  Prevention  and  Control  of  Water  Pollution 
appointed  by  the  Central  Government  under  section 3 of  the  Water  (Prevention  and  Control  of 
Pollution) Act, 1974 (6 of 1974); 

(c) a representative of the Central Board for the Prevention and Control of Air Pollution referred 

to in section 3 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981); 

(d)  a  representative  of  the  State Board  appointed  under  section 4 of the Water  (Prevention  and 

Control of Pollution) Act, 1974 (6 of 1974); 

(e) a representative of the State Board for the Prevention and Control of Air Pollution referred to 

in section 5 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981); 

(f) a representative of the Department of Environment in the State; 

(g) a representative of the Meteorological Department of the Government of India; 

(h) an expert in the field of occupational health; and 

(i) a representative of the Town Planning Department of the State Government, 

and not more than five other members who may be co-opted by the Slate Government who shall be— 

1. Ins. by Act 94 of 1976,  s. 19 (w.e.f. 26-10-1976). 
2. Subs. by s. 20, ibid., for “devices” (w.e.f. 26-10-1976). 
3. Ins. by Act 20 of 1987, s. 20 (w.e.f. 1-12-1987). 

26 

 
                                                           
(i) a scientist having specialised knowledge of the hazardous process which will be involved in 

the factory, 

(ii)  a  representative  of  the  local  authority  within  whose  jurisdiction  the  factory  is  to  be 

established, and 

(iii) not more than three other persons as deemed fit by the State Government. 

(2)  The  Site  Appraisal  Committee  shall  examine  an  application  for  the  establishment  of  a  factory 
involving  hazardous process  and  make  its recommendation to the  State  Government  within  a period  of 
ninety days of the receipt of such application in the prescribed form. 

(3)  Where  any  process  relates  to  a  factory  owned  or  controlled  by  the  Central  Government  or  to  a 
corporation or a company owned or controlled by the Central Government, the State Government shall 
co-opt  in  the  Site  Appraisal  Committee  a  representative  nominated  by  the  Central  Government  as 
a member of that Committee. 

(4)  The  Site  Appraisal  Committee  shall  have  power  to  call  for  any  information  from the  person 

making an application for the establishment or expansion of a factory involving a hazardous process. 

(5)  Where  the  State  Government  has  granted  approval  to  an  application  for  the  establishment  or 
expansion of a factory involving a hazardous process, it shall not be necessary for an applicant to obtain a 
further approval from the Central Board or the State Board established under the Water (Prevention and 
Control  of  Pollution)  Act, 1974 (6 of 1974)  and  the  Air  (Prevention  and  Control  of  Pollution) 
Act, 1981 (14 of 1981). 

41B. Compulsory disclosure of information by the occupier.—(1) The occupier of every factory 
involving a hazardous process shall disclose in the manner prescribed all information regarding dangers, 
including  health  hazards  and  the measures  to  overcome  such  hazards  arising  from  the  exposure  to  or 
handling of the materials or substances in the manufacture, transportation, storage and other processes, to 
the workers employed in the factory, the Chief Inspector, the local authority within whose jurisdiction the 
factory is situate and the general public in the vicinity. 

(2) The occupier shall, at the time of registering the factory involving a hazardous process, lay down a 
detailed policy with respect to the health and safety of the workers employed therein and intimate such 
policy  to  the  Chief  Inspector  and  the  local  authority  and,  thereafter,  at  such  intervals  as  may  be 
prescribed, inform the Chief Inspector and the local authority of any change made in the said policy. 

(3)  The  information  furnished  under  sub-section  (1)  shall  include  accurate  information  as  to  the 

quantity, specifications and other characteristics of wastes and the manner of their disposal. 

(4) Every occupier shall, with the approval of the Chief Inspector, draw up an on-site emergency plan 
and detailed disaster control measures for his factory and make known to the workers employed therein 
and to the general public living in the vicinity of the factory the safety measures required to be taken in 
the event of an accident taking place. 

(5) Every occupier of a factory shall,— 

(a) if  such  factory  engaged  in  a  hazardous  process  on  the  commencement  of  the  Factories 

(Amendment) Act, 1987, within a period of thirty days of such commencement; and 

(b) if such factory engaged in a hazardous process at any time after such commencement, within a 

period of thirty days before the commencement of such process, 

inform the Chief Inspector of the nature and details of the process in such form and in such manner as 
may be prescribed. 

(6) Where any occupier of a factory contravenes the provisions of sub-section (5), the licence issued 
under section 6 to such factory shall, notwithstanding any penalty to which the occupier or factory shall 
be subjected to under the provisions of this Act, be liable for cancellation. 

27 

 
(7) The occupier of a factory involving a hazardous process shall, with the previous approval of the 
Chief  Inspector, lay  down measures  for  the  handling,  usage,  transportation  and  storage  of  hazardous 
substances inside the factory premises and the disposal of such substances outside the factory premises 
and  publicise  them  in  the  manner  prescribed  among  the  workers  and  the  general  public  living  in  the 
vicinity.  

41C. Specific responsibility of the occupier in relation to hazardous processes.—Every occupier 

of a factory involving any hazardous process shall— 

(a) maintain accurate and up-to-date health records or, as the case may be, medical records, of the 
workers in the factory who are exposed to any chemical, toxic or any other harmful substances which 
are manufactured, stored, handled or transported and such records shall be accessible to the workers 
subject to such conditions as may be prescribed; 

(b) appoint persons who possess qualifications and experience in handling hazardous substances 
and arc competent to supervise such handling within the factory and to provide at the working place 
all the necessary facilities for protecting the workers in the manner prescribed: 

Provided  that  where  any  question  arises  as  to  the  qualifications  and  experience  of  a  person  so 

appointed, the decision of the Chief Inspector shall be final; 

(c) provide for medical examination of every worker— 

(a) before  such  worker  is  assigned  to  a  job  involving  the  handling  of, or  working  with,  a 

hazardous substance, and 

(b) while continuing in such job, and after he has ceased to work in such job, at intervals not 

exceeding twelve months, in such manner as may be prescribed. 

41D.  Power  of  Central  Government  to  appoint  Inquiry  Committee.—(1)  The  Central 
Government may, in the event of the occurrence of an extraordinary situation involving a factory engaged 
in a hazardous process, appoint an Inquiry Committee to inquire into the standards of health and safety 
observed in the factory with a view to finding out the causes of any failure or neglect in the adoption of 
any measures or standards prescribed for the health and safety of the workers employed in the factory or 
the general public affected, or likely to be affected, due to such failure or neglect and for the prevention 
and recurrence of such extraordinary situations in future in such factory or elsewhere. 

(2)  The  Committee  appointed  under  sub-section  (1)  shall  consist  of  a  Chairman  and  two 
other members and the terms of reference of the Committee and the tenure of office of its members shall 
be such as may be determined by the Central Government according to the requirements of the situation. 

(3) The recommendations of the Committee shall be advisory in the nature. 

41E.  Emergency  standards.—(1)  Where the Central  Government  is  satisfied  that  no  standards  of 
safety have been prescribed in respect of a hazardous process or class of hazardous processes, or where 
the standards so prescribed are inadequate, it may direct the Director-General of Factory Advice Service 
and Labour Institutes or any institution specialised in matters relating to standards of safety in hazardous 
processes,  to  lay  down  emergency  standards  for  enforcement  of suitable  standards  in  respect  of  such 
hazardous processes. 

(2) The emergency standards laid down under sub-section (1) shall, until they are incorporated in the 
rules made under this Act, be enforceable and have the same effect as if they had been incorporated in the 
rules made under this Act. 

41F.  Permissible  limits  of  exposure  of  chemical  and  toxic  substances.—(1)  The  maximum 
permissible  threshold  limits  of  exposure  of  chemical  and  toxic  substances  in manufacturing  processes 
(whether hazardous or otherwise) in any factory shall be of the value indicated in the Second Schedule. 

(2) The Central Government may, at any time, for the purpose of giving effect to any scientific proof 
obtained from specialised institutions or experts in the field by notification in the Official Gazelle, make 
suitable changes in the said Schedule. 

28 

 
41G.  Workers’  participation  in  safety  management.—(1)  The  occupier  shall,  in  every  factory 
where  a  hazardous  process  takes  place,  or  where  hazardous  substances  are  used  or  handled,  set  up  a 
Safety Committee consisting of equal number of representatives of workers and management to promote 
co-operation between the workers and the management in maintaining proper safety and health at work 
and to review periodical the measures taken in that behalf: 

Provided that the State Government may, by order in writing and for reasons to be recorded exempt 

the occupier of any factory or class of factories from setting up such Committee. 

(2) The composition of the Safety Committee, the tenure of office of its members and their right and 

duties shall be such as may be prescribed. 

41H. Right of workers to warn about imminent danger.—(1) Where the workers employed in any 
factory  engaged  in  a  hazardous  process  have  reasonable  apprehension  that  there  is  a  likelihood  of 
imminent danger to their lives or health due to any accident, they may bring the same to the notice of the 
occupier,  agent,  manager  or  any  other  person  who  is in  charge  of the factory  or  the  process  concerned 
directly or through their representatives in the Safety Committee and simultaneously bring the same to the 
notice of the Inspector. 

(2)  It  shall  be  the  duty  of  such  occupier,  agent,  manager  or  the  person  in  charge  of  the  factory  or 
process to take immediate remedial action if he is satisfied about the existence of such imminent danger 
and send a report forthwith of the action taken to the nearest Inspector. 

(3)  If  the  occupier,  agent,  manager  or  the  person  in  charge  referred  to  in  sub-section  (2)  is  not 
satisfied  about  the  existence  of  any  imminent  danger  as  apprehended  by  the  workers,  he  shall, 
nevertheless,  refer  the  matter  forthwith to the  nearest  Inspector  whose  decision  on  the  question  of  the 
existence of such imminent danger shall be final.] 

CHAPTER V 
WELFARE 

42. Washing facilities.—(1) In every factory— 

(a) adequate and suitable facilities for washing shall be provided and maintained for the use of the 

workers therein; 

(b) separate and adequately screened facilities shall be provided for the use of male and female 

workers; 

(c) such facilities shall be conveniently accessible and shall be kept clean. 

(2) The State Government may, in respect of any factory or class or description of factories or of any 

manufacturing process, prescribe standards of adequate and suitable facilities for washing. 

43.  Facilities  for  storing  and  drying  clothing.—The  State  Government  may,  in  respect  of  any 
factory or class or description of factories, make rules requiring the provision therein of suitable places 
for keeping clothing not worn daring working hours and for the drying of wet clothing. 

44. Facilities for sitting.—(1) In every factory suitable arrangements for sitting shall be provided and 
maintained for all workers obliged to work in a standing position, in order that they may take advantage 
of any opportunities for rest which may occur in the course of their work. 

(2)  If,  in  the  opinion  of  the  Chief  Inspector,  the  workers  in  any  factory  engaged  in  a  particular 
manufacturing process or working in a particular room are able to do their work efficiently in a sitting 
position, he may, by order in writing, require the occupier of the factory to provide before a specified date 
such seating arrangements as may be practicable for all workers so engaged or working. 

(3) The State Government may, by notification in the Official Gazelle, declare that the provisions of 
sub-section  (1)  shall  not  apply  to  any  specified  factory  or  class  or  description  of  factories  or to any 
specified manufacturing process. 

45. First-aid  appliances.—(1) There shall in every  factory  be  provided  and maintained  so  as to be 
readily  accessible  during  all  working  hours  first-aid  boxes  or  cupboards  equipped  with  the  prescribed 

29 

 
contents, and the number of such boxes or cupboards to be provided and maintained shall not be less than 
one for every one hundred and fifty workers ordinarily employed 1[at any one time] in the factory. 
2[(2) Nothing except the prescribed contents shall be kept in a first-aid box or cupboard. 
(3) Each first-aid box or cupboard shall be kept in the charge of a separate responsible person 3[who 
holds  a  certificate  in  first-aid  treatment  recognised  by  the  State  Government]  and  who  shall  always  be 
readily available during the working hours of the factory.] 

4[(4) In every factory wherein more than five hundred workers are 5[ordinarily employed] there shall 
be  provided  and  maintained  an  ambulance  room  of  the  prescribed  size,  containing  the  prescribed 
equipment and in the charge of such medical and nursing staff as may be prescribed 6[and those facilities 
shall always be made readily available during the working hours of the factory]. 

Karnataka 

STATE AMENDMENTS 

Amendment  of  section  45.—In  section  45 of  the  Factories  Act, 1948  (Central Act  LXIII  of  1948) 
(hereinafter referred to as the principal Act), in sub-section (4), for the words “five hundred” the words 
“two hundred” shall be substituted. 

[Vide Karnataka Act 1 of 2003, s. 2]. 

46.  Canteens.—(1)  The  State  Government  may  make  rules  requiring  that  in  any  specified  factory 
wherein more than two hundred and fifty workers are ordinarily employed, a canteen or canteens shall be 
provided and maintained by the occupier for the use of the workers.] 

(2) Without prejudice to the generality of the foregoing power, such r u les may provide for— 

(a) the date by which such canteen shall be provided; 

(b) the standards in respect of construction, accommodation, furniture and other equipment of the 

canteen; 

(c) the foodstuffs to be served therein and the charges which may be made therefore; 

(d) the constitution of a managing committee for the canteen and representation of the workers in 

the management of the canteen; 

7[(dd)  the  items  of  expenditure  in  the  running  of  the  canteen  which  are  not  to  be  taken  into 

account in fixing the cost of foodstuffs and which shall be borne by the employer;] 

(e) the delegation to the Chief Inspector, subject to such conditions as may be prescribed, of the 

power to make rules under clause (c). 

47.  Shelters, rest  rooms  and  lunch rooms.—(1)  In  every  factory  wherein  more  than  one  hundred 
and  fifty  workers  are  ordinarily  employed,  adequate  and  suitable  shelters  or  rest  rooms  and  a  suitable 
lunch room,  with  provision  for drinking  water,  where  workers  can  eat meals brought  by  them,  shall be 
provided and maintained for the use of the workers; 

Provided that any  canteen  maintained  in  accordance  with  the  provisions  of  section 46 shall  be 

regarded as part of the requirements of this sub-section: 

Provided further that where a lunch room exists no worker shall eat any food in the work room. 

(2)  The  shelters  or  rest  rooms  or  lunch  rooms to be  provided  under  sub-section  (1)  shall  be 

sufficiently lighted aid ventilated and shall be maintained in a cool and clean condition. 

1. Ins. by Act 25 of 1954, s. 9 (w.e.f. 7-5-1954). 
2. Subs. by s. 9, ibid., for sub-section (2) (w.e.f. 7-5-1954). 
3. Subs. by Act 94 of 1976, s. 21, for “who is trained in first-aid treatment” (w.e.f. 26-10-1976). 
4. Sub-section (3) re-numbered as sub-section (4) by Act 25 of 1954, s. 9 (w.e.f. 7-5-1954). 
5. Subs. by Act 94 of 1976, s. 21, for “employed” (w.e.f. 26-10-1976). 
6. Ins. by s. 21, ibid. (w.e.f. 26-10-1976). 
7. Ins. by Act 94 of 1976, s. 22 (w.e.f. 26-10-1976). 

30 

 
                                                           
(3) The State Government may— 

(a) prescribe  the  standards  in  respect  of  construction,  accommodation,  furniture  and  other 

equipment of shelters, rest rooms and lunch rooms to be provided under this section; 

(b) by notification in the Official Gazette, exempt any factory or class or description of factories 

from the requirements of this section. 

48.  Creches.—(1)  In  every  factory  wherein  more  than1[thirty  women  workers]  are  ordinarily 
employed there shall be provided and maintained a suitable room or rooms for the use of children under 
the age of six years of such women. 

(2)  Such  rooms  shall  provide  adequate  accommodation,  shall  be  adequately  lighted  and  ventilated, 
shall be maintained in a clean and sanitary condition and shall be under the charge of women trained in 
the care of children and infants. 

(3) The State Government may make rules— 

(a)  prescribing  the  location  and  the  standards  in  respect  of  construction,  accommodation, 

furniture and other equipment of rooms to be provided under this section; 

(b) requiring the provision in factories to which this section applies of additional facilities for the 
care of children belonging to women workers, including suitable provision of facilities for washing 
and changing their clothing; 

(c) requiring the provision i n any factory of free milk or refreshment or both for such children; 

(d) requiringthat facilities shall be given in any factory for the mothers of such children to feed 

them at the necessary intervals. 

49.  Welfare  officers.—(1)  In  every  factory  wherein  five  hundred  or  more  workers  are  ordinarily 
employed the occupier shall employ in the factory such number of welfare officers as may be prescribed. 

(2)  The  State  Government  may  prescribe  the  duties,  qualifications  and  conditions  of  service  of 

officers employed under sub-section (1). 

Karnataka 

STATE AMENDMENTS 

Amendment of section 49.—In section 49 of the principal Act,— 

(1) in sub-section (1), for the words “five hundred” the words “two hundred” shall be substituted; 

(2) after sub-section (1), the following shall be inserted, namely:— 

“(1A) In every factory where two hundred or more women workers are ordinarily employed the 

occupier shall employ in the factory, such number of female supervisors, as may be prescribed.” 

[Vide Karnataka Act 1 of 2003, s. 3]. 

50. Power to make rules to supplement this Chapter.—The State Government may make rules— 

(a) exempting,  subject  to  compliance  with  such  alternative  arrangements  for  the  welfare  of 
workers as may be prescribed, any factory or class or description of factories from compliance with 
any of the provisions of this Chapter; 

(b) requiring in any factory or class or description of factories that representatives of the workers 
employed in the factory shall be associated with the management of the welfare arrangements of the 
workers. 

1. Subs. by Act 94 of 1976, s. 23, for “fifty women workers” (w.e.f. 26-10-1976). 

31 

 
 
 
                                                           
CHAPTER VI 

WORKING HOURS OF ADULTS 

51. Weekly hours.—No adult worker shall be required or allowed to work in a factory for more than 

forty-eight hours in any week. 

52. Weekly holidays.—(1) No adult worker shall be required or allowed to work in a factory on the 

first day of the week (hereinafter referred to as the said day), unless— 

(a) he has or will have a holiday for a whole day on one of the three days immediately before or 

after the said day, and 

(b) the  manager  of  the  factory  has,  before  the  said  day  or  the  substituted  day  under  clause  (a), 

whichever is earlier,— 

(i)  delivered  a  notice  at the  office  of  the  Inspector  of his  intention to require  the  worker  to 

work on the said day and of the day which is to be substituted, and 

(ii) displayed a notice to that effect in the factory: 

Provided that no substitution shall be made which will result in any worker working for more than ten 

days consecutively without a holiday for a whole day. 

(2)  Notices  given  under sub-section (1)  may  be  cancelled  by  a  notice  delivered  at the  office  of the 
Inspector and a notice displayed in the factory not later than the day before the said day or the holiday to 
be cancelled, whichever is earlier. 

(3) Where, in accordance with the provisions of sub-section (1), any worker works on the said day 
and has had a holiday on one of the three days immediately before it that said day shall, for the purpose of 
calculating his weekly hours of work, be included in the preceding week. 

53. Compensatory holidays.—(1) Where, as a result of the passing of an order or the making of a 
rule under the provisions of this Act exempting a factory or the workers therein from the provisions of 
section 52,a worker is deprived of any of the weekly holidays for which provision is made in sub-section 
(1) of that section, he shall be allowed, within the month in which the holidays were due to him or within 
the  two  months  immediately  following  that  month,  compensatory  holidays  of  equal  number  to  the 
holidays so lost. 

(2)  The  State  Government  may  prescribe  the  manner  in  which  the  holidays  for  which  provision  is 

made in sub-section (1) shall be allowed. 

54.  Daily  hours.—Subject  to  the  provisions  of  section  51,  not  adult  worker  shall  be  required  or 

allowed to work in a factory for more than nine hours in any day: 

1[Provided that, subject to the previous approval of the Chief Inspector, the daily maximum specified 

in this section may be exceeded in order to facilitate the change of shifts.] 

55. Intervals for rest.—2[(1)]3[The periods of work] of adult workers in a factory each day shall be 
so fixed that no period shall exceed five hours and that no worker shall work for more than five hours 
before he has had an interval for rest of at least half an hour. 

4[(2) The State Government or, subject to the control of the State Government, the Chief Inspector, 
may,  by  written  order  and for the  reasons  specified  therein,  exempt  any  factory  from  the  provisions  of 
sub-section (1) so however that the total number of hours worked by a worker without an interval does 
not exceed six.] 

56.  Spread  over.—The  periods  of  work  of  an  adult  worker  in  a  factory  shall  be  so  arranged  that 
inclusive  of  his intervals  for  rest  under  section 55, they  shall  not  spread  over more  than ten and  a  half 
hours in any day: 

1. Added by Act 25 of 1954, s. 10 (w.e.f. 7-5-1954). 
2. Section 55 re-numbered as sub-section (1) of that section by s. 11, ibid. (w.e.f. 7-5-1954). 
3. Subs. by act 40 of 1949, s. 3 and the Second Schedule, for “The period” (w.e.f. 1-5-1949). 
4. Added by Act 25 of 1954, s. 11 (w.e.f. 7-5-1954). 

32 

 
                                                           
Provided that the Chief Inspector may, for reasons to be specified in writing increase the1[spreadover 

up to twelve hours]. 

57. Night shifts.—Where a worker in a factory works on a shift which extends beyond midnight,— 

(a) for  the  purposes  of  sections 52 and 53,  a  holiday  for  a  whole  day  shall mean  in his  case  a 

period of twenty-four consecutive hours beginning when his shift ends; 

(b) the  following  day  for him  shall  be  deemed  to  be  the  period  of  twenty-four  hours  beginning 
when such shift ends, and the hours he has worked after midnight shall be counted in the previous 
day. 

58. Prohibition of overlapping shifts.—(1) Work shall not be carried on in any factory by means of 
a system of shifts so arranged that more than one relay of workers is engaged in work of the same kind at 
the same time. 

2[(2) The  State  Government  or  subject to the  control  of  the  State  Government,  the  Chief  Inspector, 
may, by written order and for the reasons specified therein, exempt on such conditions as may be deemed 
expedient, any factory or class or description of factories or any department or section of a factory or any 
category or description of workers therein from the provisions of sub-section (1).] 

59. Extra wages for overtime.—(1) Where a worker works in a factory for more than nine hours in 
any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled 
to wages at the rate of twice his ordinary rate of wages. 

3[(2) For the purposes of sub-section (1), “ordinary rate of wages” means the basic wages plus such 
allowances,  including  the  cash  equivalent  of  the  advantage  accruing  through  the  concessional  sale  to 
workers  of  food  grains  and  other  articles,  as  the  worker  is  for  the  time  being  entitled  to,  but  does  not 
include a bonus and wages for overtime work. 

(3) Where any workers in a factory are paid on a piece rate basis, the time rate shall be deemed to be 
equivalent to the daily average of their full-time earnings for the days on which they actually worked on 
the same or identical job during the month immediately preceding the calendar month during which the 
overtime  work  was  done,  and  such  time  rates  shall  be  deemed  to  be  ordinary  rates  of  wages  of  those 
workers: 

Provided  that  in  the  case  of  a  worker  who  has  not  worked  in  the  immediately  preceding  calendar 
month on the same or identical job, the time rate shall be deemed to be equivalent to the daily average of 
the earning of the worker for the days on which he actually worked in the week in which the overtime 
work was done. 

Explanation.—For the purposes of this sub-section in computing the earnings for the days on which 
the  worker  actually  worked  such  allowances,  including  the  cash  equivalent  of  the  advantage  accruing 
through the concessional sale to workers of food grains and other articles, as the worker is for the time 
being entitled to, shall be included but any bonus or wages for overtime work payable in relation to the 
period with reference to which the earnings are being computed shall be excluded.] 

4[(4) The cash equivalent of the advantage accruing through the concessional sale to a worker of food 
grains and other articles shall be computed as often as may be prescribed on the basis of the maximum 
quantity of food grains and other articles admissible to a standard family. 

Explanation  1.—“Standard  family”  means  a  family  consisting  of the  worker,  his  or  her spouse  and 

two children below the age of fourteen years requiring in all three adult consumption units. 

Explanation2.—“Adult  consumption  unit”  means  the  consumption  unit  of  a  male  above  the  age  of 
fourteen years; and the consumption unit of a female above the age of fourteen years and that of a child 

1. Subs. by Act 94 of 1976, s. 24, for “spread over to twelve hours” (w.e.f. 26-10-1976). 
2. Subs. by Act 25 of 1954, s. 12, for sub-section (2) (w.e.f. 7-5-1954). 
3. Subs. by Act 94 of 1976, s. 25, for sub-section (2) and (3) (w.e.f. 26-10-1976). 
4. Subs. by Act 25 of 1954, s. 13, for sub-section (4) (w.e.f. 7-5-1954). 

33 

 
                                                           
below  the  age  of  fourteen  years  shall  be  calculated  at  the  rates  of  8  and  6  respectively  of  one  adult 
consumption unit. 

(5) The State Government may make rules prescribing— 

(a) the manner in which the cash equivalent of the advantage accruing through the concessional 

sale to a worker of food grains and other articles shall be computed; and 

(b) the registers that shall be maintained in a factory for the purpose of securing compliance with 

the provisions of this section.] 

60. Restriction on double employment.—No adult worker shall be required or allowed to work in 
any  factory  on  any  day  on  which he  has  already  been  working  in  any  other  factory,  save  in  such 
circumstances as may be prescribed. 

61. Notice of periods of work for adults.—(1) There shall be displayed and correctly maintained in 
every factory in accordance with the provisions of sub-section (2) of section 108 , a notice of periods of 
work for adults, showing clearly for every day the periods during which adult workers may be required to 
work. 

(2)  The  periods  shown  in  the  notice  required  by  sub-section  (1)  shall  be  fixed  beforehand  in 
accordance with the following provisions of this section, and shall be such that workers working for those 
periods would not be working in contravention of any of the provisions of sections 51, 52, 54,1[ 55, 56 
and 58]. 

(3)  Where  all  the  adult  workers  in  a  factory  are  required  to  work  during  the  same  periods,  the 

manager of the factory shall fix those periods for such workers generally. 

(4)  Where  all  the  adult  workers  in  a  factory  are  not  required  to  work  during  the  same  periods,  the 
manager of the factory shall classify them into groups according to the nature of their work indicating the 
number of workers in each group. 

(5) For each group which is not required to work on a system of shifts, the manager of the factory 

shall fix the periods during which the group may be required to work. 

(6) Where any group is required to work on a system of shifts and the relays are not to be subject to 
predetermined periodical changes of shifts, the manager of the factory shall fix the periods during which 
each relay of the group may be required to work. 

(7) Where any group is to work on a system of shifts and the relays are to be subject to predetermined 
periodical changes of shifts, the manager of the factory shall draw up a scheme of shifts where under the 
periods during which any relay of the group may be required to work and the relay which will be working 
at any time of the day shall be known for any day. 

(8)  The  State  Government  may  prescribe  forms  of  the  notice  required  by  sub-section  (1)  and  the 

manner in which it shall be maintained. 

(9) In the case of a factory beginning work after the commencement of this Act, a copy of the notice 
referred to in sub-section (1) shall be sent in duplicate to the Inspector before the day on which work is 
begun in the factory. 

(10) Any proposed change in the system of work in any factory which will necessitate a change in the 
notice  referred  to  in  sub-section  (1)  shall  be  notified  to  the  Inspector  in  duplicate  before  the  change  is 
made,  and  except  with  the  previous  sanction  of  the  Inspector,  no  such  change  shall  be  made  until  one 
week has elapsed since the last change. 

62. Register of adult workers.—(1) The manager of every factory shall maintain a register of adult 
workers, to be available to the Inspector at all times during working hours, or when any work is being 
carried on in the factory, showing— 

(a) the name of each adult worker in the factory; 
(b) the nature of his work; 

1. Subs. by Act 25 of 1954,  s.14, for “55 and 56” (w.e.f. 7-5-1954). 

34 

 
                                                           
(c) the group, if any, in which he is included; 
(d) where his group works on shifts, the relay to which he is allotted; 
(e) such other particulars as may be prescribed: 

Provided that, if the Inspector is of opinion that any muster roll or register maintained as part of the 
routine of a factory gives in respect of any or all the workers in the factory the particulars required under 
this section, he may, by order in writing, direct that such muster roll or register shall to the corresponding 
extent be maintained in place of, and be treated as the register of adult workers in that factory. 

1[(1A) No adult worker shall be required or allowed to work in any factory unless his name and other 

particulars have been entered in the register of adult workers.] 

(2)  The  State  Government  may  prescribe  the  form  of  the  register  of  adult  workers,  the  manner  in 

which it shall be maintained and the period for which it shall be preserved. 

63. Hours of work to correspond with notice under section 61 and register under section 62.—
No adult worker shall be required or allowed to work in any factory otherwise than in accordance with the 
notice of periods of work for adults displayed in the factory and the entries made beforehand against his 
name in the register of adult workers of the factory. 

64.  Power  to  make  exempting  rules.—(1)  The  State  Government  may  make  rules  defining  the 
persons who hold positions of supervision or management or are employed in a confidential position in a 
factory 2[or empowering the Chief Inspector to declare any person, other than a person defined by such 
rules, as a person holding position of supervision or management or employed in a confidential position 
in a factory if, in the opinion of the Chief Inspector, such person holds such position or is so employed], 
and the provisions of this Chapter, other than the provisions of clause (b) of sub-section (1) of section 66 
and of the proviso to that sub-section, shall not apply to any person so defined 2[or declared]: 

2[Provided  that  any  person  so  defined  or  declared  shall,  where the ordinary  rate  of  wages  of  such 
person 3[does not exceed the wage limit specified in sub-section (6) of section 1 of the Payment of Wages 
Act, 1936 (4 of 1936), as amended from time to time], be entitled to extra wages in respect of, overtime 
work under section 59.] 

(2) The State Government may make rules in respect of adult workers in factories providing for the 

exemption, to such extent and subject to such conditions as may be prescribed— 

(a) of workers engaged on urgent repairs, from the provisions of sections 51, 52, 54, 55 and 56; 
(b) of workers engaged in work in the nature of preparatory or complementary work which must 
necessarily be carried on outside the limits laid down for the general working of the factory, from the 
provisions of sections 51, 54, 55 and 56; 

(c)  of  workers  engaged  in  work  which  is  necessarily  so  intermittent  that  the  intervals  during 
which they do not work while on duty ordinarily amount to more than the intervals for rest required 
by or under section 55, from the provisions of sections 51, 54, 55 and 56; 

(d)  of  workers  engaged  in  any  work  which  for  technical  reasons  must  be  carried  on 

continuously 4*** from the provisions of sections 51, 52, 54, 55 and 56; 

(e) of workers engaged in making or supplying articles of prime necessity which must be made or 

supplied every day, from the provisions of 5[section 51 and section 52]; 

(f) of workers engaged in a manufacturing process which cannot be carried on except during fixed 

sections, from the provisions of 5[section 51, section 52 and section 54]; 

(g) of  workers engaged  in a  manufacturing  process  which  cannot be carried  on except  at times 

dependent on the irregular action of natural forces, from the provisions of sections 52 and 55; 

(h)  of  workers  engaged  in  engine-rooms  or  boiler-houses  or  in  attending  to  power-plant  or 

transmission machinery, from the provisions of 5[section 51 and section 52]; 

1. Ins. by Act 94 of 1976, s. 26 (w.e.f. 26-10-1976). 
2. Ins. by s. 27, ibid. (w.e.f. 26-10-1976). 
3. Subs. by Act 20 of 1987, s. 21, for “does not exceed rupees seven hundred and fifty per month” (w.e.f. 1-12-1987). 
4. The words “throughout the day” omitted by Act 25 of 1954, s. 15 (w.e.f. 7-5-1954). 
5. Subs. by Act 94 of 1976, s. 27, for section 52 (w.e.f. 26-10-1976). 

35 

 
 
 
                                                           
1[(i)  of  workers  engaged  in  the  printing  of  newspapers,  who  arc  held  up  on  account  of  the 

breakdown of machinery, from the provisions of sections 51, 54 and 56. 

Explanation.—In  this  clause  the  expression  “newspapers''  has  the meaning  assigned  to  it  in  the 

Press and Registration of Books Act, 1867 (25 of 1867); 

(j) of workers engaged in the loading or unloading of railway wagons, 2[or lorries or trucks] from 

the provisions of sections 51, 52, 54, 55 and 56]; 

4[(k) of workers engaged in any work, which is notified by the State Government in the Official 
Gazette as a work of national importance, from the provisions of section 51, section 52, section 54, 
section 55 and section 56.] 
(3)  Rules  made  under  sub-section  (2)  providing  for  any  exemption  may  also  provide  for  any 
consequential exemption from the provisions of section 61 which the State Government may deem to be 
expedient, subject to such conditions as it may prescribe. 

3(4) In making rules under this section, the State Government shall not exceed, except in respect of 

exemption under clause (a) of sub-section (2) the following limits of work inclusive of overtime:— 

(i) the total number of hours of work in any day shall not exceed ten; 
(ii) the spread over, inclusive of intervals for rest, shall not exceed twelve hours in any one day: 
Provided  that  the  State  Government  may,  in  respect  of  any  or  all  of  the  categories  of  workers 
referred to in clause (d) of sub-section (2), make rules prescribing the circumstances in which, and the 
conditions subject to which, the restrictions imposed by clause (i) and clause (ii) shall not apply in 
order  to  enable  a  shift  worker  to  work  the  whole  or  part  of  a  subsequent  shift  in  the  absence  of  a 
worker who has failed to report for duty; 

4[(iii) the, total number of hours of work in a week, including overtime, shall not exceed sixty;] 

4[(iv)] the total number of hours of overtime shall not exceed fifty for any one quarter, 
Explanation.—“Quarter” means  a  period  of  three  consecutive  months  beginning  on  the 1st  of 

January, the 1st of April, the 1st of July or the 1st of October.] 

(5) Rules made under this section shall remain in force for not more than 5[five years]. 
STATE AMENDMENT 

Uttar Pradesh 

Amendment of section 64.--In Section 64 of the principal Act, in sub-section (4), in clause (iv) for 

the word "fifty", the words "one hundred" shall be substituted." 
[Vide Uttar Pradesh Act 13 of 2018, s. 3] 

65. Power to make exempting orders.—(1) Where the State Government is satisfied that, owing to 
the nature of the work carried on or to other circumstances, it is unreasonable to require that the periods of 
work of any adult workers in any factory or class or description of factories should be fixed beforehand, it 
may, by written order, relax or modify the provisions of section 61 in respect of such workers therein, to 
such  extent  and  in  such  manner  as  it  may  think  fit,  and  subject  to  such  conditions  as  it  may  deem 
expedient to ensure control over periods of work. 

(2) The State Government or, subject to the control of the Stale Government, the Chief Inspector may 
by  written  order  exempt,  on  such  conditions  as  it  or  he  may  deem  expedient,  any  or  all  of  the  adult 
workers in any factory or group or class or description of factories from any or all of the provisions of 
sections 51, 52, 54 and 56 on Ike ground that the exemption is required to enable the factory or factories 
to deal with an exceptional press of work. 

6[(3)  Any  exemption  granted  under  sub-section  (2)  shall  be  subject  to  the  following  conditions, 

namely:— 

(i) the total number of hours of work in any day shall not exceed twelve; 
(ii) the spread over, inclusive of intervals for rest, shall not exceed thirteen hours in any one day; 

1. Added by Act 25 of 1954, s. 15 (w.e.f. 7-5-194). 
2. Ins. by Act 94 of 1976, s. 27 (w.e.f. 26-10-1976). 
3. Subs. by Act 25 of 1954, s. 15, for sub-section (4) (w.e.f. 7-5-1954). 
4. Clause (iii) re-numbered as clause (iv) by Act 94 of 1976, s. 27 (w.e.f. 26-10-1976). 
5. Subs. by Act 94 of 1976, s. 27, for “three years” (w.e.f. 26-10-1976). 
6. Subs. by Act 94 of 1976, s. 28, for sub-section (3) (w.e.f. 26-10-1976). 

36 

 
                                                           
(iii) the total number of hours of work in any week, including overtime, shall not exceed sixty; 
(iv) no worker shall be allowed to work overtime, for more than seven days at a stretch and the 

total number of hours of overtime work in any quarter shall not exceed seventy-five. 
Explanation.—In this sub-section “quarter” has the same meaning as in sub-section (4) of section 64.] 
1*                    *                          *             ** 

STATE AMENDMENTS 

Maharashtra 

Amendment of Section 65 of 63 of 1948.—In section 65 of the principal Act,— 
(a) for sub-section (2), the following sub-section shall be substituted, namely:— 
“(2) On such terms and conditions as may be prescribed, any or all of the adult male workers in any 
factory or group or class or description of factories may be exempted from any or all of the provisions of 
sections 51, 52, 54 and 56 on the ground that the exemption is required to enable the factory or factories 
to deal with an exceptional press of work.”; 

(b) in sub-section (3), in clause (iv), for the words “shall not exceed seventy-five” the words “shall 

not exceed one hundred and fifteen” shall be substituted. 

[Vide Maharashtra Act 40 of 2015, s. 3] 

Uttar Pradesh 

Amendment of section 65.--In Section 65 of the principal Act, in sub-section (3), in clause (iv) for 

the words "seventy-five" the words "one hundred fifteen " shall be substituted. 

[Vide Uttar Pradesh Act 13 of 2018, s. 4] 
66.  Further  restrictions  on  employment  of  women.—(1)The  provisions  of  this  Chapter  shall,  in 

their application to women in factories, be supplemented by the following further restrictions, namely:— 

(a) no exemption from the provisions of section 54 may be granted in respect of any woman; 
(b)  no  woman  shall  be 2[required  or  allowed  to  work  in  any  factory]  except  between  the  hours 

of 6 A.M. and 7 P.M.: 
Provided that the State Government may, by notification in the Official Gazette, in respect of 3[any 
factory or group or class or description of factories,] very the limits laid down in clause (b), but so that no 
such variation shall authorize the employment of any woman between the hours of 10 P.M. and 5 A.M.: 

4[(c) there shall be no change of shifts except after a weekly holiday or any other holiday.] 

(2) The State Government may make rules providing for the exemption from the restrictions set out in 
sub-section (1), to such extent and subject to such conditions as it may prescribe, of women working in 
fish-curing or fish-canning factories, where the employment of women beyond the hours specified in the 
said restrictions is necessary to prevent damage to, or deterioration in, any raw material. 

(3) The rules made under sub-section (2) shall remain in force for not more than three years at a time. 

Maharashtra 

STATE AMENDMENTS 

Amendment of section 66 of 63 of 1948.—In section 66 of the principal Act, in sub-section (1), in 

clause (b), for the existing proviso, the following proviso shall be substituted, namely:— 

“Provided that, the women workers may be required or allowed to work even between the hours of 
7.00 p.m. and 6.00 a.m. in any factory in which adequate safety and security measures or safeguards as 
may be prescribed are provided;”. 

[Vide Maharashtra Act 40 of 2015, s. 4]. 

1. Omitted by Act 94 of 1976, s. 28 (w.e.f. 26-10-1976). 
2. Subs. by s. 29, ibid., for “employed in any factory” (w.e.f. 26-10-1976). 
3. Subs. by s. 29, ibid., for “any class or description of factories” (w.e.f. 26-10-1976). 
4. Ins. by Act 25 of 1954, s. 17 (w.e.f. 7-5-1954). 

37 

 
 
 
 
                                                           
Jammu and Kashmir and Ladakh (UTs) 
Section 66.— In sub-section (1), for clause (b), the following clause shall be substituted— 

“(b) women shall be entitled to be employed in all establishments for all types of work and they may 
also be employed, with their consent before 6 a.m. and beyond 7 p.m. subject to such conditions relating 
to safety, holidays and working hours or any other condition, to be observed by the employer, as may be 
prescribed;”. 
[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification 
No.  S.O.  3774(E), dated (23-10-2020)  and  Vide  Union Territory  of  Jammu  and  Kashmir  Reorganisation 
(Adaptation of Central Laws) Order, 2020, notification No. S.O. 3465(E), dated (5-10-2020).] 
Uttar Pradesh 

Amendment of section 66.—In section 66 of the principal Act, in sub-section (1), in clause (b) for 

the existing proviso, the following proviso shall be substituted, namely:-- 

“Provided that  the  State  Government  may,  by  notification  in the  Official  Gazette,  in  respect  of 
any factory or group or class or description of factories vary the limits laid down in this clause and 
such variation may authorise the employment of any woman between the hours of 7 p.m. and 6 a.m. 
mentioning therein the provisions for the safety and facilities of the woman to be given to her." 
[Vide Uttar Pradesh Act 13 of 2018, s. 5] 

CHAPTER VII 
EMPLOYMENT OF YOUNG PERSONS 

67. Prohibition of employment of young children.—No child who has not completed his fourteenth 

year shall be required or allowed to work in any factory. 

68.  Non-adult  workers  to  carry  tokens.—A  child  who  has  completed his  fourteenth  year  or  an 

adolescent shall not be required or allowed to work in any factory unless— 

(a) a certificate of fitness granted with reference to him under section 69 is in the custody of the 

manager of the factory, and 

(b)  such  child  or  adolescent  carries  while  he  is  at  work  a  token  giving  a  reference  to  such 

certificate. 
69. Certificates of fitness.—(1) A certifying surgeon shall, on the application of any young person 
or his parent or guardian accompanied by a document signed by the manager of a factory that such person 
will be employed therein if certified to be fit for work in a factory, or on the application of the manager of 
the factory in which any young person wishes to work, examine such person and ascertain his fitness for 
work in a factory. 

(2)  The  certifying  surgeon,  after  examination,  may  grant to such  young  person,  in  the  prescribed 

form, or may renew— 

(a) a certificate of fitness to work in a factory as a child, if he is satisfied that the young person 
has completed his fourteenth year, that he has attained the prescribed physical standards and that he is 
fit for such work; 

(b) a certificate of fitness to work in a factory as an adult, if he is satisfied that the young person 

has completed his fifteenth year, and is fit for a full day's work in a factory: 

Provided  that  unless  the  certifying  surgeon  has  personal  knowledge  of  the  place  where  the  young 
person  proposes  to  work  and  of  the  manufacturing  process  in  which  he  will  be  employed,  he  shall  not 
grant or renew a certificate under this sub-section until he has examined such place. 

(3) A certificate of fitness granted or renewed under sub-section (2)— 

(a) shall be valid only for a period of twelve months from the date thereof: 

(b) may  be  made  subject to conditions  in  regard  to  the  nature  of  the  work  in  which  the  young 
person may be employed, or requiring re-examination of the young person before the expiry of the 
period of twelve months. 

(4) A certifying surgeon shall revoke any certificate granted or renewed under sub-section (2) if in his 

opinion the holder of it is no longer fit to work in the capacity stated therein in a factory. 

38 

 
(5)  Where  a  certifying  surgeon  refuses  to  grant  or  renew  a  certificate  or  a  certificate  of  the  kind 
requested or revokes a certificate, he shall, if so requested by any person who could have applied for the 
certificate or the renewal thereof, state his reasons in writing for so doing. 

(6) Where a certificate under this section with reference to any young person is granted or renewed 
subject to such conditions as are referred to in clause (b) of sub-section (3), the young person shall not be 
required or allowed to work in any factory except in accordance with those conditions. 

(7) Any fee payable for a certificate under this section shall be paid by the occupier and shall not be 

recoverable from the young person, his parents or guardian. 

70. Effect of certificate of fitness granted to adolescent.—(1) An adolescent who has been granted 
a certificate of fitness to work in a factory as an adult under clause (b) of sub-section (2) of section 69, 
and who while at work in a factory carries a token giving reference to the certificate, shall be deemed to 
be an adult for all the purposes of Chapter VI and VIII. 

1***                                 *                                   * 

2[(1A) No female adolescent or a male adolescent who has not attained the age of seventeen years but 
who has been granted a certificate of fitness to work in a factory as an adult, shall be required or allowed 
to work in any factory except between 6 A.M. and 7 P.M.: 

Provided  that  the  State  Government  may,  by  notification  in  the  Official  Gazelle,  in  respect  of  any 

factory or group or class or description of factories,— 

(i) vary the limits laid down in this sub-section so, however, that no such section shall authorise 

the employment of any female adolescent between 10 P.M. and 5 A.M. 

(ii) grant exemption from the provisions of this sub-section in case of serious emergency where 

national interest is involved.] 

(2) An adolescent who has not been granted a certificate of fitness to work in a factory as an adult 
under the aforesaid clause (b) shall, notwithstanding his age, be deemed to be a child for all the purposes 
of this Act. 

71.  Working  hours  for  children.—(1)  No  child  shall  be  employed  or  permitted  to  work,  in  any 

factory— 

(a) for more than four and a half hours in any day; 
3[(b) during the night. 

Explanation.—For  the  purpose  of  this  sub-section  “night”  shall mean  a  period  of  at  least  twelve 

consecutive hours which shall include the interval between 10 P.M. and 6 A.M.] 

(2) The period of work of all children employed in a factory shall be limited to two shifts which shall 
not overlap or spread over more than five hours each; and each child shall be employed in only one of the 
relays which shall not, except with the previous permission in writing of the Chief Inspector, be changed 
more frequently than once in a period of thirty days. 

(3)  The  provisions  of  section 52 shall  apply  also  to  child  workers  and  no  exemption  from  the 

provisions of that section may be granted in respect of any child. 

(4) No child shall be required or allowed to work in any factory on any day on which he has already 

been working in another factory. 

4[(5)  No  female  child  shall  be  required  or  allowed  to  work  in  any  factory  except  between 8 A.M. 

and 7 P.M.] 

72. Notice of periods of work for children.—(1) There shall be displayed and correctly maintained 
in every factory in which children are employed, in accordance with the provisions of sub-section (2) of 

1. The proviso and the Explanation omitted by Act 20 of 1987, s. 22 (w.e.f. 1-12-1987). 
2. Ins. by Act 20 of 1957, s. 22 (w.e.f. 1-12-1987). 
3. Subs. by Act 25 of 1954, s. 19, for clause (b) (w.e.f. 7-5-1954). 
4. Ins. by Act 20 of 1957, s. 23 (w.e.f. 1-12-1987). 

39 

 
                                                           
section 108 a  notice  of  periods  of  work  for  children,  showing  clearly  for  every  day  the  periods  during 
which children may be required or allowed to work. 

(2)  The  periods  shown  in  the  notice  required  by  sub-section  (1)  shall  be  fixed  beforehand  in 
accordance  with  the method  laid  down  for  adult  workers  in  section 61,  and  shall  be  such  that  children 
working for those periods would not be working in contravention of any of the provisions of section 71. 

(3)  The  provisions  of  sub-sections  (8),  (9)  and  (10)  of  section 61 shall  apply  also  to  the  notice 

required by sub-section (1) of this section. 

73. Register of child workers.—(1) The manager of every factory in which children are employed 
shall  maintain  a  register  of  child  workers,  to  be  available  to  the  Inspector  at  all times  during  working 
hours or when any work is being carried on in a factory, showing— 

(a) the name of each child worker in the factory, 

(b) the nature of his work, 

(c) the group, if any, in which he is included, 

(d) where his group works on shifts, the relay to which he is allotted, and 

(e) the number of his certificate of fitness granted under section 69. 

1[(1A) No child worker shall be required or allowed to work in any factory unless his name and other 

particulars have been entered in the register of child workers.] 

(2)  The  State  Government  may  prescribe  the  form  of  the  register  of  child  workers,  the  manner  in 

which it shall be maintained and the period for which it shall be preserved. 

74. Hours of work to correspond with notice under section 72 and register under section 73.—
No child worker shall be employed in any factory otherwise than in accordance with the notice of periods 
of  work  for  children   displayed  in  the factory  and  the  entries  made  beforehand  against  his  name  in  the 
register of child workers of the factory. 

75. Power to require medical examination.—Where an Inspector is of opinion— 

(a) that any person working in a factory without a certificate of fitness is a young person, or 

(b) that a young person working in a factory with a certificate of fitness is no longer fit to work in 

the capacity stated therein, 

he may serve on the manager of the factory a notice requiring that such person or young person, as the 
case may be, shall be examined by a certifying surgeon, and such person or young person shall not, if the 
Inspector so directs, be employed, or permitted to work, in any factory until he has been so examined and 
has  been  granted  a  certificate  of  fitness  or  a  fresh  certificate  of  fitness,  as  the  case  may  be,  under 
section 69, or has been certified by the certifying surgeon examining him not to be a young person. 

76. Power to make rules.—The State Government may make rules— 

(a)  prescribing  the  forms  of  certificates  of  fitness to be  granted  under section  69,  providing  for 
the grant of duplicates in the event of toss of the original certificates, and fixing the fees which may 
be charged for such certificates and renewals thereof and such duplicates; 

(b)  prescribing  the  physical  standards  to  be  attained  by  children  and  adolescents  working  in 

factories; 

(c) regulating the procedure of certifying surgeons under this Chapter; 

(d) specifying other duties which certifying surgeons may be required to perform in connection 
with  the  employment  of  young  persons  in  factories,  and  fixing  the  fees  which  may  be  charged  for 
such duties and the persons by whom they shall be payable. 

1. Ins. by Act 94 of 1976, s. 30 (w.e.f. 26-10-1976). 

40 

 
                                                           
77.  Certain  other  provisions  of  law  not  barred.—The  provisions  of  this  Chapter  shall  be  in 
the  Employment  of  Children 

the  provisions  of 

in  derogation  of, 

addition 
to,  and  not 
Act, 1938 (26 of 1938). 

1[CHAPTER VIII 
ANNUAL LEAVE WITH WAGES 

78. Application of Chapter.—(1) The provisions of this Chapter shall not operate to the prejudice of 
any  right  to  which  a  worker  may  be  entitled  under  any  other  law  or  under  the  terms  of  any 
award, 2[agreement (including settlement)] or contract of service: 

3[Provided that if such award, agreement (including settlement) or contract of service provides for a 
longer  annual  leave  with wages  than  provided  in  this  Chapter,  the  quantum of leave,  which the  worker 
shall  be  entitled  to,  shall  be  in  accordance  with  such  award,  agreement  or  contract  of  service,  but  in 
relation to matters not provided for in such award, agreement or contract of service or matters which are 
provided for less favourably therein, the provisions of sections 79 to 82, so far as may be, shall apply.] 

(2)  The  provisions  of  this  Chapter  shall  not  apply  to  workers 4[in  any  factory]  of  any  railway 

administered by the Government, who are governed by leave rules approved by the Central Government. 

79. Annual leave with wages.—(1) Every worker who has worked for a period of 240 days or more 
in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages 
for a number of days calculated at the rate of— 

(i)  if  an  adult,  one  day  for  every  twenty  days  of  work  performed  by him  during  the  previous 

calendar year; 

(ii)  if  a  child,  one  day  for  every  fifteen  days  of  work  performed  by him  during  the  previous 

calendar year. 
Explanation 1.—For the purpose of this sub-section— 

(a) any days of lay off, by agreement or contract or as permissible under the standing orders; 
(b) in the case of a female worker, maternity leave for any number of days not exceeding twelve 

weeks; and 

(c) the leave earned in the year prior to that in which the leave is enjoyed, 

shall be deemed to be days on which the worker has worked in a factory for the purpose of computation 
of the period of 240 days or more, but he shall not earn leave for these days. 

Explanation 2.—The  leave  admissible  under  this  sub-section  shall  be  exclusive  of  all  holidays 

whether occurring during or at either end of the period of leave. 

(2) A worker whose service commences otherwise than on the first day of January shall be entitled to 
leave with wages at the rate laid down in clause (i) or, as the case may be, clause (ii) of sub-section (1) if 
he has worked for two-thirds of the total number of days in the remainder of the calendar year. 

5[(3) If a worker is discharged or dismissed from service or quits his employment or is superannuated 
or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may 
be,  shall  be  entitled  to  wages  in  lieu  of  the  quantum of  leave  to  which  he  was  entitled  immediately 
before his  discharge,  dismissal,  quitting  of  employment,  superannuating  or  death  calculated  at the  rates 
specified in sub-section (1) even if he had not worked for the entire period specified in sub-section (1) or 
sub-section (2) making him eligible to avail of such leave, and such payment shall be made— 

(i)  where  the  worker  is  discharged  or  dismissed  or  quits  employment,  before  the  expiry  of  the 

second working day from the date of such discharge, dismissal or quitting; and 

(ii) where the worker is superannuated or dies while in service, before the expiry of two months 

from the date of such superannuating or death.] 

1. Subs. by Act 25 of 1954, s. 20 for Chapter VIII (w.e.f. 7-5-1954). 
2. Subs. by Act 94 of 1976, s. 31, for “agreement” (w.e.f. 26-10-1976). 
3. Subs. by s. 31, ibid., for the proviso (w.e.f. 26-10-1976). 
4. Subs. by Act 94 of 1976, s. 31, for “in any workshop” (w.e.f. 26-10-1976). 
5. Subs. by s. 32, ibid., for sub-section (3) (w.e.f. 26-10-1976). 

41 

 
                                                           
(4) In calculating leave under this section, fraction of leave of half a day or more shall be treated as 

one full day’s leave, and fraction of less than half a day shall be omitted. 

(5) If a worker does not in any one calendar year take the whole of the leave allowed to him under 
sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the 
leave to be allowed to him in the succeeding calendar year: 

Provided that the total number of days of leave that may be carried forward to a succeeding year shall 

not exceed thirty in the case of an adult or forty in the case of a child: 

Provided  further that  a  worker,  who  has  applied  for  leave  with  wages  but  has  not  been  given  such 
leave in accordance with any scheme laid down in sub-sections (8) and (9) 1[or in contravention of sub-
section (10)] shall be entitled to carry forward the 2[leave refused] without any limit. 

(6) A worker may at any time apply in writing to the manager of a factory not less than fifteen days 
before  the  date  on  which  he  wishes his  leave  to  begin,  to  take  all  the  leave  or  any  portion thereof 
allowable to him during the calendar year: 

Provided  that  the  application  shall  be  made  not  less  than  thirty  days  before  the  date  on  which  the 
worker wishes his leave to begin, if he is employed in a public utility service as defined in clause (n) of 
section 2 of the Industrial Disputes Act. 1947 (14 of 1947): 

Provided  further  that  the  number  of  times  in  which  leave  may  be  taken  during  any  year  shall  not 

exceed three. 

(7) If a worker wants to avail himself of the leave with wages due to him to cover a period of illness, 
he shall be granted such leave even if the application for leave is not made within the time specified in 
sub-section  (6);  and  in  such  a  case  wages  as  admissible  under  section 81 shall  be  paid  not  later  than 
fifteen  days,  or  in  the  case  of  a  public  utility  service  not  later  than  thirty  days  from  the  date  of  the 
application for leave. 

(8)  For  the  purpose  of  ensuring  the  continuity  of  work,  the  occupier  or  manager  of  the  factory,  in 
agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputes 
Act, 1947 (14 of 1947),  or  a  similar  Committee  constituted  under  any  other  Act  or  if  there  is  no  such 
Works  Committee  or  a  similar  Committee  in  the  factory,  in  agreement  with  the  representatives  of  the 
workers therein chosen in the prescribed manner, may lodge with the Chief Inspector a scheme in writing 
whereby the grant of leave allowable under this section may be regulated. 

(9)  A  scheme  lodged  under  sub-section (8) shall  be displayed  at  some  conspicuous  and  convenient 
places in the factory and shall be in force for a period of twelve months from the date on which it comes 
into  force,  and  may  thereafter  be  renewed  with  or  without  modification  for  a  further  period  of  twelve 
months at a time, by the manager in agreement with the Works Committee or a similar Committee, or as 
the case may be, in agreement with the representatives of the workers as specified in sub-section (8), and 
a notice of renewal shall be sent to the Chief Inspector before it is renewed. 

(10) An application for leave which does not contravene the provisions of sub-section (6) shall not be 
refused, unless refusal is in accordance with the scheme for the time being in operation under sub-sections 
(8) and (9). 

(11) If the employment of a worker who is entitled to leave under sub-section (1) or sub-section (2), 
as  the  case  may  be,  is  terminated  by  the  occupier  before  he  has  taken  the  entire  leave  to  which  he  is 
entitled,  or  if  having  applied  for  and  having  not  been  granted  such  leave,  the  worker  quits his 
employment, before he has taken the leave, the occupier of the factory shall pay him the amount payable 
under  section 80 in  respect  of  the  leave  not  taken,  and  such  payment  shall  be  made,  where  the 
employment  of  the  worker  is  terminated  by  the  occupier,  before  the  expiry  of  the  second  working  day 
after such termination, and where a worker who quits his employment, on or before the next pay day. 

(12) The unavailed leave of a worker shall not be taken into consideration in computing the period of 

any notice required to be given before discharge or dismissal. 

1. Ins. by Act 94 of 1976, s. 32. (w.e.f. 26-10-1976). 
2. Subs. by s. 32, ibid., for “unavailed leave” (w.e.f. 26-10-1976). 

42 

 
                                                           
Maharashtra 

STATE AMENDMENTS 

Amendment of section 79 of 63 of 1948.—In section 79 of the principal Act, in sub-section (1),— 

(a) for the figures and word “240 days” the figures and word “90 days” shall be substituted; 

(b)  in  Explanation  1,  for the  figures  and  word  “240 days”  the figures  and  word  “90  days” shall  be 

substituted. 

[Vide Maharashtra Act 40 of 2015, s. 5]. 

80. Wages during leave period.—(1) For the leave allowed to him under 1[section 78 or section 79, 
as the case may be,] a worker 2[shall be entitled to wages] at a rate equal to the daily average of his total 
full  time  earnings  for  the  days  on  which 3[he  actually  worked]  during  the  month  immediately 
preceding his  leave,  exclusive  of  any  overtime  and  bonus  but  inclusive  of  dearness  allowance  and  the 
cash equivalent of the advantage accruing through the concessional sale to the worker of food grains and 
other articles: 

4[Provided that in the case of a worker who has not worked on any day during the calendar month 
immediately preceding his leave, he shall be paid at a rate equal to the daily average of his total full time 
earnings for the days on which he actually worked during the last calendar month preceding his leave, in 
which he actually worked, exclusive of any overtime and bonus but inclusive of dearness allowance and 
the cash equivalent of the advantage accruing through the concessional sale to the workers of food grains 
and other articles.] 

(2) The cash equivalent of the advantage accruing through the concessional sale to the worker of food 
grains and other articles shall be computed as often as may be prescribed, on the basis of the maximum 
quantity of food grains and other articles admissible to a standard family. 

Explanation 1.—“Standard family” means a family consisting of a worker, his or her spouse and two 

children below the age of fourteen years requiring in all three adult consumption units. 

Explanation 2.—“Adult  consumption  unit” means  the  consumption  unit  of  a  male  above  the  age  of 
fourteen years; and the consumption unit of a female above the age of fourteen years and that of a child 
below  the  age  of  fourteen  years  shall  be  calculated  at  the  rates  of 8 and 6 respectively  of  one  adult 
consumption unit. 

(3) The State Government may make rules prescribing— 

(a) the manner in which the cash equivalent of the advantage accruing through the concessional 

sale to a worker of food grains and other articles shall be computed; and 

(b) the registers that shall be maintained in a factory for the purpose of securing compliance with 

the provisions of this section. 

81. Payment in advance in certain cases.—A worker who has been allowed leave for not less than 
four days, in the case of an adult, and five days, in the case of a child, shall, before his leave begins be 
paid the wages due for the period of the leave allowed. 

82. Mode of recovery of unpaid wages.—Any sum required to be paid by an employer, under his 
Chapter but not paid by him shall be recoverable as delayed wages under the provisions of the Payment of 
Wages Act, 1936 (4 of 1936). 

83. Power to make rules.—The State Government may make rules directing managers of factories to 
keep  registers  containing  such  particulars  as  may  be  prescribed  and  requiring  the  registers  to  be  made 
available for examination by Inspectors. 

1. Subs. by Act 94 of 1976, s. 33, for “section 79” (w.e.f. 26-10-1976). 
2. Subs. by Act 20 of 1987, s. 24, for “shall be paid” (w.e.f. 1-12-1987). 
3. Subs. by Act 94 of 1976, s. 33, for “he worked” (w.e.f. 26-10-1976). 
4. Ins. by Act 20 of 1987, s. 24 (w.e.f. 1-12-1987). 

43 

 
                                                           
84.  Power  to  exempt  factories.—Where  the  State  Government  is  satisfied  that  the  leave  rules 
applicable to workers in a factory provide benefits which in its opinion are not less favourable than those 
for which this Chapter makes provision it may, by written order; exempt the factory from all or any of the 
provisions of this Chapter subject to such conditions as may be specified in the order.] 

1[Explanation.—For the purposes of this section, in deciding whether the benefits which are provided 
for by any leave rules are less favourable than those for which this Chapter makes provision, or not, the 
totality of the benefits shall be taken into account.] 

CHAPTER IX 
SPECIAL PROVISIONS 

85. Power to apply the act to certain premises.—(1) The State Government may, by notification in 
the Official Gazette, declare that all or any of the provisions of this Act shall apply to any place wherein a 
manufacturing  process  is  carried  on  with  or  without  the  aid  of  power  or  is  so  ordinarily  carried  on, 
notwithstanding that— 

(i) the number of persons employed therein is less than ten, if working with the aid of power and 

less than twenty if working without the aid of power, or 

(ii) the persons working therein are not employed by the owner thereof but are working with the 

permission of, or under agreement with, such owner: 
Provided that the manufacturing process is not being carried on by the owner only with the aid of his 

family. 

(2) After a place is so declared, it shall be deemed to be a factory for the purposes of this Act, and the 

owner shall be deemed to be the occupier, and any person working therein, a worker. 

Explanation.—For  the  purposes  of  this  section,  “owner”  shall  include  a  lessee  or  mortgage  with 

possession of the premises. 

Maharashtra 

STATE AMENDMENTS 

Amendment of section 85 of 63 of 1948.—In section 85 of the principal Act, in sub-section (1), in 

clause (i),— 

(a) after the words “less than ten” the words “or such number of workers as may be specified by 

the State Government under sub-clause (i) of clause (m) of section 2” shall be inserted; 

(b) after the words “less than twenty” the words “or such number of workers as may be specified 

by the State Government under sub-clause (ii) of  clause (m) of section 2,” shall be inserted. 

[Vide Maharashtra Act 40 of 2015, s. 6] 
Arunachal Pradesh  

Amendment of section 85.—In section 85 of the principal Act, in sub-section (1), in clause (i), for 

the words “ten” and “twenty”, the words “twenty” and “forty” shall be respectively substituted. 
[Vide Arunachal Pradesh Act 6 of 2020, s. 4] 
Rajasthan 

Amendment of section 85, Central Act No. 63 of 1948.- In clause (i) of sub-section (1) of 
section 85 of the principal Act, for the existing words  "ten" and "twenty", the words  "twenty" 
and "forty" shall be substituted respectively. 
[Vide Rajasthan Act 20 of 2014, s. 3] 

86.  Power  to  exempt  public  institutions.—The  State  Government  may  exempt,  subject  to  such 
conditions as  it  may  consider necessary,  any  workshop  or  workplace  where  a manufacturing  process is 
the  purposes  of 
carried  on  and  which 
education,2[training, research] or reformation, from all or any of the provisions of this Act: 

institution  maintained  for 

to  a  public 

is  attached 

Provided  that  no  exemption  shall  be  granted  from  the  provisions  relating  to  hours  of  work  and 
holidays,  unless  the  persons  having  the  control  of  the  institution  submit,  for  the  approval  of  the  State 
Government, a scheme for the regulation of the hours of employment, intervals for meals, and holidays of 
the persons employed in or attending the institution or who are inmates of the institution, and the State 
Government is satisfied that the provisions of the scheme are not less favourable than the corresponding 
provisions of this Act. 

1. Ins. by Act 94 of 1976, s. 34 (w.e.f. 26-10-1976). 
2. Subs. by Act 94 of 1976 s. 35, for “training” (w.e.f. 26-10-1976). 

44 

 
                                                           
87.  Dangerous  operations.—Where  the  State  Government  is  of  opinion  that  any 1[manufacturing 
process or operation] carried on in a factory exposes any persons employed in it to a serious risk of bodily 
injury,  poisoning  or  disease,  it  may  make  rules  applicable  to  any  factory  or  class  or  description  of 
factories in which the 1[manufacturing process or operation] is carried on— 

(a) specifying the 1[manufacturing process or operation] and declaring it to be dangerous; 

(b) prohibiting  or  restricting 

the  employment  of  women,  adolescents  or  children 

in 

the 1[manufacturing process or operation]; 

(c) providing  for  the  periodical medical  examination  of  persons  employed,  or  seeking  to  be 
employed, in the 1[manufacturing process or operation], and prohibiting the employment or persons 
not certified as fit for such employment 2[and requiring the payment by the occupier of the factory of 
fees for such medical examination]; 

(d) providing  for  the  protection  of  all  persons  employed  in  the1[manufacturing  process  or 

operation] or in the vicinity of the places where it is carried on; 

(e) prohibiting,  restricting  or  controlling  the  use  of  any  specified  materials  or  processes  in 

connection with the 1[manufacturing process or operation]; 

2[(f) requiring the provision of additional welfare amenities and sanitary facilities and the supply 
of  protective  equipment  and  clothing,  and  laying  down  the  standards  thereof,  having  regard  to  the 
dangerous nature of the manufacturing process or operation. 

3***                                      *                                    * 

4[87A. Power to prohibit employment on account of serious hazard.—(1) Where it appears to the 
Inspector that conditions in a factory or part thereof are such that they may cause serious hazard by way 
of  injury  or  death  to  the  persons  employed  therein  or  to  the  general  public  in  the  vicinity,  he  may,  by 
order in writing to the occupier of the factory, state the particulars in respect of which he considers the 
factory or part thereof to be the cause of such serious hazard and prohibit such occupier from employing 
any  person  in  the  factory  or  any  part  thereof  other  than  the  minimum  number  of  persons  necessary  to 
attend to the minimum tasks till the hazard is removed. 

(2) Any order issued by the Inspector under sub-section (1) shall have effect for a period of three days 

until extended by the Chief Inspector by a subsequent order. 

(3) Any person aggrieved by an order of the Inspector under sub-section (1), and the Chief Inspector 

under sub-section (2), shall have the right to appeal to the High Court. 

(4) Any person whose employment has been affected by an order issued under sub-section (1), shall 
be  entitled  to  wages  and  other  benefits  and  it  shall  be  the  duty  of  the  occupier  to  provide  alternative 
employment to him wherever possible and in the manner prescribed. 

(5) The provisions of sub-section (4) shall be without prejudice to the rights of the parties under the 

Industrial Disputes Act, 1947 (14 of 1947).] 

88. Notice of certain accidents.—5[(1)] Where in any factory an accident occurs which causes death, 
or which causes any bodily injury by reason of which the person injured is prevented from working for a 
period of forty-eight hours or more immediately following the accident, or which is of such nature as may 
be prescribed in this behalf, the manager of the factory shall send notice thereof to such authorities, and in 
such form and within such time, as may be prescribed. 

6[(2) Where a notice given under sub-section (1) relates to an accident causing death, the authority to 
whom the notice is sent shall make an inquiry into the occurrence within one month of the receipt of the 

1. Subs. by Act 94 of 1976s. 36, ibid., for “operation” (w.e.f. 26-10-1976). 
2. Ins. by Act 94 of 1976, s. 36 (w.e.f. 26-10-1976). 
3. Omitted by Act of 20 of 1987, s. 25 (w.e.f. 1-12-1987). 
4. Ins. by s. 26, ibid. (w.e.f. 1-12-1987). 
5. Section 88 re-numbered as sub-section (1) thereof by Act 94 of 1976, s. 37 (w.e.f. 26-10-1976). 
6. Ins. by s. 37, ibid. (w.e.f. 26-10-1976). 

45 

 
                                                           
notice  or,  if  such authority  is  not the  Inspector,  cause  the  Inspector  to  make  an  inquiry  within  the  said 
period. 

(3)  The  State  Government  may  make  rules  for  regulating  the  procedure  at  inquiries  under  this 

section.] 

1[88A. Notice of certain dangerous occurrences.—Where in a factory any dangerous occurrence of 
such  nature  as  may  be  prescribed  occurs,  whether  causing  any  bodily  injury  or  disability  or  not,  the 
manager  of  the  factory  shall  send  notice  thereof  to  such  authorities,  and  in  such  form  and  within  such 
lime, as may be prescribed.] 

89. Notice of certain diseases.—(1) Where any worker in a factory contracts any disease specified 
in2[the Third Schedule], the manager of the factory shall send notice thereof to such authorities, and  in 
such form and within such time, as may be prescribed. 

(2) If any medical practitioner attends on a person who is or has been employed in a factory, and who 
is,  or  is  believed  by  the  medical  practitioner  to  be,  suffering  from  any  disease  specified  in2[the  Third 
Schedule], the medical practitioner shall without delay send a report in writing to the office of the Chief 
Inspector stating— 

(a) the name and full postal address of the patient, 
(b) the disease from which he believes the patient to be suffering, and 
(c) the name and address of the factory in which the patient is, or was last, employed. 

(3) Where the report under sub-section (2) is confirmed to the satisfaction of the Chief Inspector, by 
the certificate of a certifying surgeon or otherwise, that the person is suffering from a disease specified 
in2[the Third Schedule], he shall pay to the medical practitioner such fee as may be prescribed, and the fee 
so paid shall be recoverable as an arrear of land-revenue from the occupier of the factory in which  the 
person contracted the disease. 

(4)  If  any  medical  practitioner  fails  to  comply  with  the  provisions  of  sub-section  (2),  he  shall  be 

punishable with fine which may extend to3[one thousand rupees]. 

4[(5) The Central Government may, by notification in the  Official Gazette, add to or alter the Third 

Schedule and any such addition or alteration shall have effect as if it had been made by this Act.] 

90. Power to direct enquiry into cases of accident or disease.—(1) The State Government may, if it 
considers  it  expedient  so  to  do,  appoint  a  competent  person  to  inquire  into  the  causes  of  any  accident 
occurring in a factory or into any case where a disease specified in 5[the Third Schedule] has been, or is 
suspected to have been contracted in a factory, and may also appoint one or more persons possessing legal 
or special knowledge to act as assessors in such inquiry. 

(2) The  person appointed  to  hold an  inquiry  under this  section shall  have  all  the  powers  of a  Civil 
Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purposes of enforcing the attendance 
of witnesses and compelling the production of documents and material objects, and may also, so far as 
may be necessary for the purposes of the inquiry, exercise any of the powers of an Inspector under this 
Act;  and  every  person  required  by  the  person  making  the  inquiry  to  furnish  any  information  shall  be 
deemed  to  be  legally  bound  so  to  do  within  the meaning  of  section 176 of  the  Indian  Penal  Code 
(45 of 1860). 

(3)  The  person  holding  an  inquiry  under  this  section  shall  make  a  report  to  the  State  Government 
stating the causes of the accident, or as the case may be, disease, and any attendant circumstances, and 
addition any observations which he or any of the assessors may think fit to make. 

(4)  The  State  Government  may,  if  it  thinks  fit,  cause  to  be  published  any  report  made  under  this 

section or any extracts therefrom. 

(5) The State Government may make rules for regulating the procedure at inquiries under this section. 

1. Ins. by Act 94 of 1976, s. 38 (w.e.f. 26-10-1976). 
2. Subs. by Act 20 of 1987, s. 27, for “the Schedule” (w.e.f. 1-12-1987). 
3. Subs. by s. 27, ibid., for “fifty rupees” (w.e.f. 1-12-1987). 
4. Added by s. 27, ibid. (w.e.f. 1-12-1987). 
5. Subs. by s. 28, ibid., for “the Schedule” (w.e.f. 1-12-1987). 

46 

 
                                                           
91. Power to take samples.—(1) An Inspector may at any time during the normal working hours of a 
factory,  after  informing  the  occupier  or  manager  of  the  factory  or  other  person  for  the  time  being 
purporting to be in charge of the factory, take in the manner hereinafter provided a sufficient sample of 
any substances used or intended to be used in the factory, such use being— 

(a) in the belief of the Inspector in contravention of any of the provisions of this Act or the rules 

made thereunder, or 

(b) in  the  opinion  of  the  Inspector  likely  to  cause  bodily  injury  to,  or  injury  to  the  health  of, 

workers in the factory. 

(2) Where the Inspector takes a sample under sub-section (1), he shall, in the presence of the person 
informed under that sub-section unless such person willfully absents himself, divide the sample into three 
portions and effectively seal and suitably mark them, and shall permit such person to add his own seal and 
mark thereto. 

(3)  The  person  informed  as  aforesaid  shall,  if  the  Inspector  so  requires,  provide  the  appliances  for 

dividing, sealing and marking the sample taken under this section. 

(4) The Inspector shall— 

(a) forthwith give one portion of the sample to the person informed under sub-section (1); 

(b) forthwith send the second portion to a Government Analyst for analysis and report thereon; 

(c) retain  the  third  portion  for  production  to  the  Court  before  which  proceedings,  if  any,  are 

instituted in respect of the substance. 

(5)  Any  document  purporting  to  be  a  report  under  the  hand  of  any  Government  Analyst  upon  any 
substance  submitted  to him  for  analysis  and  report  under  this  section,  may  be  used  as  evidence  in  any 
proceedings instituted in respect of the substance. 

1[91A. Safety and occupational health surveys.—(1) The Chief Inspector, or the Director General 
of  Factory  Advice  Service  and  Labour  Institutes,  or  the  Director  General  of  Health  Services ,  to  the 
Government of India, or such other officer as may be authorised in this behalf by the State Government or 
the  Chief  Inspector  or  the  Director  General  of  Factory  Advice  Service  and  Labour  Institutes  or  the 
Director General of Health Services may, at any time during the normal working hours of a factory, or at 
any  other  time  as  is  found  by him  to  be  necessary,  after  giving  notice  in  writing  to  the  occupier  or 
manager of the factory or any other person who for the time being purports to be in charge of the factory, 
undertake  safety  and  occupational  health  surveys,  and  such  occupier  or  manager  or  other  person  shall 
afford  all  facilities  for  such  every,  including  facilities  for  the  examination  and  testing  of  plant  and 
machinery and collection of samples and other data relevant to the survey. 

(2) For the purpose of facilitating surveys under sub-section (1) every worker shall, if so required by 
the  person  conducting  the  survey,  present himself  to  undergo  such medical  examination  as  may  be 
considered  necessary  by  such  person  and  furnish  all  information  in his  possession  and  relevant  to  the 
survey. 

(3) Any time spent by a worker for undergoing medical examination or furnishing information under 
sub-section (2) shall, for the purpose of calculating wages and extra wages for overtime work, be deemed 
to be time during which such worker worked in the factory.] 

2[Explanation.—For  the  purposes  of  this  section,  the  report,  if  any,  submitted  to  the  State 
Government  by  the  person  conducting  the  survey  under  sub-section  (1)  shall  be  deemed  to  be  a  report 
submitted by an Inspector under this Act.] 

CHAPTER X 

PENALTIES AND PROCEDURE 

92. General penalty for offences.—Save as is otherwise expressly provided in this Act and subject 
to the provisions of section 93 , if in, or in respect of, any factor there is any contravention of any of the 

1. Ins. by Act 94 of 1976, s. 39 (w.e.f. 26-10-1976). 
2. Ins. by Act 20 of 1987, s. 29 (w.e.f. 1-12-1987). 

47 

 
                                                           
provisions of this Act or of any rules made thereunder or of any order in writing  given thereunder, the 
occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment 
for a term which may extend to 1[two years] or with fine which may extend to 2[one lakh rupees] or with 
both, and if the contravention is continued after conviction, with a further fine which may extend to3[one 
thousand rupees] for each day on which the contravention is so continued: 

4[Provided  that  where  contravention  of  any  of  the  provisions  of  Chapter  IV  or  any  rule  made 
thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine 
shall not be less than 5[twenty-five thousand rupees] in the case of an accident causing death, and 6[five 
thousand rupees] in the case of an accident causing serious bodily injury. 

Explanation.—In  this  section  and  in  section  94  “serious  bodily  injury”  means  an  injury  which 
involves, or in all probability will involve, the permanent loss of the use of, or permanent injury to, any 
limb  or  the  permanent  loss  of,  or  injury  to,  sight  or  hearing,  or  the  fracture  of  any  bone,  but  shall  not 
include, the fracture of bone or joint (not being fracture of more than one bone or joint) of any phalanges 
of the hand or foot.] 

Maharashtra 

STATE AMENDMENTS 

Insertion of section 92A in 63 of 1948.—After section 92 of the principal Act, the following section 

shall be inserted, namely:— 

92A.  Compounding  of  certain  offences.—(1)  The  State  Government  may,  by  notification  in  the 
Official Gazette, prescribe in respect of the offences specified in the Fourth Schedule, which may before 
the  institution  of  the  prosecution,  be  compounded  by  such  officer  not  below  the  rank  of  Deputy  Chief 
Inspector of Factories and for such amount as may be prescribed but the amount of fine shall not be more 
than the fine prescribed under section 92: 

Provided that, the State Government may, by notification in the  Official Gazette, amend the Fourth 

Schedule by way of addition, omission or variation of any offence specified in the said Schedule. 

(2)  Where  an  offence  has  been  compounded  under  sub-section  (1),  no  further  proceedings  shall  be 

taken against the offender in respect of such offence.”. 

[Vide Maharashtra Act 40 of 2015, s. 7]. 

7[93.  Liability  of  owner  of  premises  in  certain  circumstances.—(1) Where  in  any  premises 
separate buildings are leased to different occupiers for use as separate factories, the owner of the premises 
shall  be  responsible  for  the  provision  and  maintenance  of  common  facilities  and  services,  such  as 
approach roads, drainage, water supply, lighting and sanitation. 

(2)  The  Chief  Inspector  shall  have,  subject  to  the  control  of  the  State  Government,  power  to  issue 

orders to the owner of the premises in respect of the carrying out of the provisions of sub-section (1). 

(3)  Where  is  any  premises,  independent  or  self-contained,  floors  or  flats  are  leased  to  different 
occupiers for use as separate factories, the owner of the premises shall be liable as if he were the occupier 
or manager of a factory, for any contravention of the provisions of this Act in respect of— 

(i) latrines, urinals and washing facilities in so far as the maintenance of the common supply of 

water for these purposes is concerned; 

(ii) fencing of machinery and plant belonging to the owner and not specifically entrusted to the 

custody or user of an occupier; 

1. Subs. by Act 20 of 1987, s. 30, for “three months” (w.e.f. 1-12-1987). 
2. Subs. by s. 30, ibid., for “two thousand rupees” (w.e.f. 1-12-1987). 
3. Subs. by s. 30, ibid., for “seventy-five rupees” (w.e.f. 1-12-1987). 
4. Ins. by Act 94 of 1976, s. 40 (w.e.f. 26-10-1976). 
5. Subs. by Act 20 of 1987, s. 30, for “one thousand rupees” (w.e.f. 1-12-1987). 
6. Subs. by s. 30, ibid., for “five thousand rupees” (w.e.f. 1-12-1987). 
7. Subs. by Act 25 of 1954, s. 21, for section 93 (w.e.f. 7-5-1954). 

48 

 
                                                           
(iii) safe means of access to the floors or flats and maintenance and cleanliness of staircases and 

common passages; 

(iv) precautions in case of fire; 

(v) maintenance of hoists and lifts; and 

(vi) maintenance of any other common facilities provided in the premises. 

(4)  The  Chief  Inspector  shall  have,  subject  to  the  control  of  the  State  Government,  power  to  issue 

orders to the owner of the premises in respect of the carrying out the provisions of sub-section (3). 

(5) The provisions of sub-section (3) relating to the liability of the owner shall apply where in any 
premises independent rooms with common latrines, urinals and washing facilities are leased to different 
occupiers for use as separate factories: 

Provided that the owner shall be responsible also for complying with the requirements relating to the 

provision and maintenance of latrines, urinals and washing facilities. 

(6) The Chief Inspector shall have, subject to the control of the State Government, the power to issue 
orders  to  the  owner  of  the  premises  referred  to  in  sub-section  (5)  in  respect  of  the  carrying  out  of  the 
provisions of section 46 or section 48. 

(7) Where in any premises portions of a room or a shed are leased to different occupiers for use as 

separate factories, the owner of the premises shall be liable for any contravention of the provisions of— 

(i) Chapter III, except sections 14 and 15; 

(ii) Chapter IV, except sections 22, 23, 27, 34, 35 and 36: 

Provided that in respect of the provisions of sections 21, 24 and 32 the owner's liability shall be only 

in so far as such provisions relate to things under his control: 

Provided further that the occupier shall be responsible for complying with the provisions of Chapter 

IV in respect of plant and machinery belonging to or supplied by him; 

(iii) section 42. 

(8)  The  Chief  Inspector  shall  have,  subject  to  the  control  of  the  State  Government,  power  to  issue 

orders to the owner of the premises in respect of the carrying out the provisions of sub-section (7). 

(9) In respect of sub-sections (5) and (7), while computing for the purposes of any of the provisions of 
this Act the total number of workers employed, the whole of the premises shall be deemed to be a single 
factory.] 

94. Enhanced penalty after previous conviction.—1[(1)] If any person who has been convicted of 
any  offence  punishable  under  section  92  is  again  guilty  of  an  offence  involving  a  contravention  of  the 
same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which 
may  extend  to2[three  years]  or  with  fine3[which  shall  not  be  less  than4[ten  thousand  rupees]  but  which 
may extend to5[two lakh rupees]] or with both: 

6[Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, 

impose a fine of less than4[ten thousand rupees]: 

Provided further that where contravention of any of the provisions of Chapter IV or any rule made 
thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine 

1. Section 94 renumbered is sub-section (1) thereof by Act 94 of 1976, s. 41 (w.e.f. 26-10-1976). 
2. Subs. by Act 20 of 1987, s. 31, for “six months” (w.e.f. 1-12-1987). 
3. Subs. by Act 94 of 1976, s. 41, for “which may extend to one thousand rupees” (w.e.f. 26-10-1976). 
4. Subs. by Act 20 of 1987, s. 31, for “two hundred rupees” (w.e.f. 1-12-1987). 
5. Subs. by s. 31, ibid., for “five thousand rupees” (w.e.f. 1-12-1987). 
6. Subs. by Act 94 of 1976, s. 41, for the proviso (w.e.f. 26-10-1976). 

49 

 
                                                           
 
shall  not  be  less  than1[thirty-five  thousand  rupees]  in  the  case  of  an  accident  causing  death  and2[ten 
thousand rupees] in the case of an accident causing serious bodily injury.] 

3[(2) For the purposes of sub-section (1) no cognizance shall be taken of any conviction made more 
than  two  years  before  the  commission  or  the  offence  for  which  the  person  is  subsequently  being 
convicted.] 

95. Penalty for obstructing Inspector.—Whoever willfully obstructs an Inspector in the exercise of 
any  power  conferred  on  hi  m  by  or  under this  Act,  or  fails to  produce  on  demand  by  an  Inspector  any 
registers or other documents in his custody kept in pursuance of this Act or of any rules made thereunder, 
or  conceals  or  prevents  any  worker  in  a  factory  from  appearing  before,  or  being  examined  by,  a  n 
Inspector, shall  be  punishable  with imprisonment for a  term  which  may  extend  to4[six  months]  or  with 
fine which may extend to5[ten thousand rupees] or with both. 

96. Penalty for wrongfully disclosing results of analysis under section 91.—Whoever, except in so 
far as it may be necessary for the purposes of a prosecution for any offence punishable under this Act, 
publishes or discloses to any person the results of an analysis made under section 91, shall be punishable 
with imprisonment for a term which may extend  to6[six months] or with fine which may extend to7[ten 
thousand rupees] or with both. 

8[96A. Penalty for contravention of the provisions of sections 41B, 41 C and 41 H.—(1) Whoever 
fails to comply with or contravenes any of the provisions of section 41B , 41 C or 41 H or the rules made 
thereunder, shall, in respect of such failure or contravention, be punishable with imprisonment for a term 
which  may  extend  to  seven  years  and  with  fine  which  may  extend  to  two  lakh  rupees,  and  in  case  the 
failure  or  contravention  continues,  with  additional  fine  which  may  extend  to  five  thousand  rupees  for 
every  day  during  which  such  failure  or  contravention  continues  after  the  conviction  for  the  first  such 
failure or contravention. 

(2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year 
after  the  date  of  conviction,  the  offender  shall  be  punishable  with  imprisonment  for  a term  which  may 
extend to ten years.] 

97. Offences by workers.—(1) Subject to the provisions of section 111 , if any worker employed in a 
factory contravenes any provision of this Act or any rules or orders made thereunder, imposing any duty 
or liability on workers, he shall be punishable with fine which may extend to9[five hundred rupees]. 

(2)  Where  a  worker  is  convicted  of  an  offence  punishable  under  sub-section  (1)  the  occupier  or 
manager  of  the factory  shall  not  be deemed  to  be  guilty  of  an offence  in respect  of that  contravention, 
unless it is proved that he failed to take all reasonable measures for its prevention. 

98. Penalty for using false certificate of fitness.—Whoever knowingly uses or attempts to use, as a 
certificate of fitness granted to himself under section 70 , a certificate granted to another person under that 
section, or who, having procured such a certificate, knowingly allows it to be used, or an attempt to use it 
to  be  made,  by  another  person,  shall  be  punishable  with  imprisonment  for  a  term  which  may  extend 
to10[two months] or with fine which may extend to11[one thousand rupees] or with both. 

99. Penalty forpermitting double employment of child.—If a child works in a factory on any day 
on which he has already been working in another factory, the parent or guardian of the child or the person 
having custody of or control over hi m or obtaining any direct benefit from his wages, shall be punishable 

1. Subs. by Act 20 of 1987, s. 31, for “two thousand rupess” (w.e.f. 1-12-1987). 
2. Subs. by s. 31, ibid., for “one thousand rupees” (w.e.f. 1-12-1987). 
3. Ins. by Act 94 of 1976, s. 41 (w.e.f. 26-10-1976). 
4. Subs. by Act 20 of 1987, s. 32, for “three months” (w.e.f. 1-12-1987). 
5. Subs. by s. 32, ibid., for “five thousand rupees” (w.e.f. 1-12-1987). 
6. Subs. by s. 33, ibid., for “three months” (w.e.f. 1-12-1987). 
7. Subs. by s. 33, ibid., for “five hundred rupees” (w.e.f. 1-12-1987). 
8. Ins. by s. 34, ibid. (w.e.f. 1-12-1987). 
9. Subs. by s. 35, ibid., for “twenty rupees” (w.e.f. 1-12-1987). 
10. Subs. by s. 36, ibid., for “one month” (w.e.f. 1-12-1987). 
11. Subs. by s. 36, ibid., for “fifty rupees” (w.e.f. 1-12-1987). 

50 

 
                                                           
with  fine  which  may  extend  to1[one  thousand  rupees],  unless  it  appears  to  the  Court  that  the  child  so 
worked without the consent or connivance of such parent, guardian or person. 

100.[Detention  of  occupier  in  certain  cases.]Rep.  by  the  Factories  (Amendment)  Act,  1987  (20  of 

1987),s. 38 (w.e.f. 1-12-1987). 

101. Exemption of occupier or manager from liability in certain cases.—Where the occupier or 
manager  of  a  factory  is  charged  with  an  offence  punishable  under  this  Act,  he  shall  be  untitled,  upon 
complaint  duly  made  by him  and  on  giving  to  the  prosecutor  not  less  than  three  clear  days'  notice  in 
writing of his intention so to do, to have any other person whom he charges as the actual offender brought 
before the Court at the time appointed for hearing the charge; and if, after the commission of the offence 
has been proved, the occupier or manager of the factory, as the case may be, proves to the satisfaction of 
the Court— 

(a) that he has used due diligence to enforce the execution of this Act, and 

(b) that the said other person committed the offence in question without his knowledge, consent 

or connivance, 

that other person shall be convicted of the offence and shall be liable to the like punishment as if he were 
the  occupier  or  manager  of  the  factory,  and  the  occupier  or  manager,  as  the  case  may  be,  shall  be 
discharged from any liability under this Act in respect of such offence: 

Provided that in seeking to prove as aforesaid, the occupier or manager of the factory, as the case may 
be, may be examined on oath, and his evidence and that of any witness whom he calls in his support shall 
be  subject  to  cross-examination  on  behalf  of  the  person  he  charges  as  the  actual  offender  and  by  the 
prosecutor: 

Provided further that, if the person charged as the actual offender by the occupier or manager cannot 
be  brought  before  the  Court  at  the  time  appointed  for  hearing  the  charge,  the  Court  shall  adjourn  the 
hearing from time to time for a period not exceeding three months and if by the end of the said period the 
person charged as the actual offender cannot still be brought before the Court, the Court shall proceed to 
hear the charge against the occupier or manager and shall, if the offence be proved, convict the occupier 
or manager. 

102. Power of Court to make orders.—(1) Where the occupier or manager of a factory is convicted 
of an offence punishable under this Act the Court may, in addition to awarding any punishment, by order 
in writing require him, within a period specified in the order (which the court may, if it thinks fit and on 
application in  such behalf,  from  time  to  time  extend)  to take  such measures as may  be  so  specified  for 
remedying the matters in respect of which the offence was committed. 

(2) Where an order is made under sub-section (1) the occupier or manager of the factory, as the case 
may be, shall not be liable under this Act in respect of the continuation of the offence during the period or 
extended period, if any, allowed by the Court, but if, on the expiry of such period or extended period, as 
the  case  may  be,  the  order  or  the  Court  has  not  been  fully  complied  with, the occupier  or  manager,  as 
the case may be, shall be deemed to have committed a further offence, and may be sentenced therefore by 
the Court to undergo imprisonment for a term which may extend to six months or to pay a fine which may 
extend to one hundred rupees for every day after such expiry on which the order has not been complied 
with, or both to undergo such imprisonment and to pay such fine, as aforesaid. 

103. Presumption as to employment.—If a person is found in a factory at any time, except during 
intervals  for meals  or  rest,  when  work  is  going  on  or  the  machinery  is  in  motion,  he  shall  until  the 
contrary is proved, be deemed for the purposes of this Act and the rules made thereunder to have been at 
that time employed in the factory. 

104. Onus as to age.—(1) When any act or omission would, if a person wear under a certain age, be 
an offence punishable under this Act, and such person is in the opinion of the Court  prima facie under 
such age, the burden shall be on the accused to prove that such person is no under such age. 

1. Subs. by Act 20 of 1987, s. 37, for “fifty rupees” (w.e.f. 1-12-1987). 

51 

 
                                                           
(2)  A  declaration  in  writing  by  a  certifying  surgeon  relating  to  a  worker  that  he  has  personally 
examined him and believes him to be under the age stated is such declaration shall, for the purposes of 
this Act and the rules made thereunder, be admissible as evidence of the age of that worker. 

1[104A. Onus of proving limits of what is practicable, etc.—In any proceeding for an offence for 
the contravention of any provision of this Act or rules made thereunder consisting of a failure to comply 
with  a  duty  or  requirement  to  do  something,  it  shall be  for the  person  who is  alleged  to  have  failed to 
comply with such duty or requirement, to prove that it was not reasonably practicable or, as the case may 
be, all practicable measures were taken to satisfy the duty or requirement.] 

105.  Cognizance  of  offences.—(1)  No  Court  shall  take  cognizance  of  any  offence  under  this  Act 

except on complaint by, or with the previous sanction in writing of, an Inspector. 

(2) No Court below that of a Presidency Magistrate or of a Magistrate of the first class shall try any 

offence punishable under this Act. 

Maharashtra 

STATE AMENDMENTS 

Amendment of section 105 of 63 of 1948.—In section 105 of the principal Act, in sub-section (1), 

for the words “an Inspector” the words “the Chief Inspector” shall be substituted. 

[Vide Maharashtra Act 40 of 2015, s. 8]. 

Rajasthan 

Amendment of section 105, Central Act No. 63 of 1948.- For the existing sub-section (1) of section 

105 of the principal Act, the following shall be substituted, namely:-  

"(1)  No  Court  shall  take  cognizance  of  any  offence  under  this  Act  except  on  complaint  by  an 

Inspector with the previous sanction in writing by the State Government.". 

[Vide Rajasthan Act 20 of 2014, s. 4] 

106. Limitation of prosecutions.—No Court shall take cognizance of any offence punishable under 

this Act unless complaint thereof is made within three months of the date on which the alleged 
commission of the offence came to the knowledge of an Inspector: 

Provided  that  where  the  offence  consists  of  disobeying  a  written  order  made  by  an  Inspector, 
complaint  thereof  may  be  made  within  six  months  of  the  date  on  which  the  offence  is  alleged  to  have 
been committed. 

2[Explanation.—For the purposes of this section,— 

(a) in the case of a continuing offence, the period of limitation shall be computed with reference 

to every point of time during which the offence continues; 

(b) where for the performance of any act time is granted or extended on an application made by 
the  occupier  or  manager  of  a  factory,  the  period  of  limitation  shall  be  computed  from  the  date  on 
which the time so granted or extended expired.] 
3[106A. Jurisdiction of a court for entertaining proceedings, etc., for offence.—For the purposes 
of  conferring  jurisdiction  on  any  court  in  relation  to  an  offence  under  this  Act  or  the  rules  made 
thereunder in connection with the operation of any plant, the place where the plant is for the time being 
situate shall be deemed to be the place where such offence has been committed.] 

STATE AMENDMENTS 

Uttar Pradesh 

Insertion  of  new section 106-A in  Act  No.  63 of  1948.—In  Chapter X of  the  Factories  Act,  1948, 

after section 106, the following section shall be inserted, namely:—  

“106-A.—Compounding of offences.— The Inspector may, subject to any general or special order of 
the  State  Government  in  this  behalf  compound  any  offence  punishable  under  this  Act  with  fine  only 

1. Ins. by Act 20 of 1987, s. 39 (w.e.f. 1-12-1987). 
2. Ins. by Act 94 of 1976, s. 43 (w.e.f. 26-10-1976). 
3. Ins. by Act 20 of 1987, s. 40 (w.e.f. 1-12-1987). 

52 

 
                                                           
committed for the first time, either before or after the institution of the prosecution, on realization of such 
amount  of  composition  fee  as  he  thinks  fit,  not  exceeding  the  maximum  amount  of  fine  fixed  for  the 
offence; and where the offence is so compounded — 

 (i) before the institution of the prosecution, the offender shall not be liable to prosecution for such 

offence and shall, if in custody, be set at liberty;  

(ii)  before  the  institution  of  the  prosecution,  the  composition  shall  amount  to  acquittal  of  the 

offender.” 

[Vide Uttar Pradesh Act 35 of 1979, s. 4]. 
Rajasthan 
Insertion of new section 106B, Central Act No. 63 of 1948.-  After the existing section 106A 
and before the existing section 107 of the principal Act, the following shall be inserted, namely:- 

"106B. Compounding of offences.- The Inspector may, subject to any general or special order of the 
State  Government  in  this  behalf,  compound  any  offence  punishable  under  this  Act  with  fine  only,  and 
committed for the first time, either before or after the institution of the prosecution, on realisation of such 
amount of composition fee as he thinks fit not exceeding the maximum amount of fine fixed for the offence; 
and where the offence is so compounded,- 

(i) before the institution of the prosecution, the offender shall not be liable to prosecution, for 

such offence and shall, if in custody, be set at liberty; 

(ii)  after  the  institution  of  the  prosecution  the  composition  shall  amount  to  acquittal  of  the 

offender.". 

[Vide Rajasthan Act 20 of 2014, s. 5] 

CHAPTER XI 
SUPPLEMENTAL 

107. Appeals.—(1) The manager of a factory on whom an order in writing by an Inspector has been 
served under the provisions of this Act or the occupier of the factory may, within thirty days of the service 
of the order, appeal against it to the prescribed authority, and such authority may, subject to rules made in 
this behalf by the State Government, confirm, modify or reverse the order. 

(2)  Subject  to  rules  made  in  this  behalf  by  the  State  Government  (which  may  prescribe  classes  of 
appeals which shall not be heard with the aid of assessors), the appellate authority may, or if so required 
in the petition of appeal shall, hear the appeal with the aid of assessors, one of whom shall be appointed 
by  the  appellate  authority  and  the  other  by  such  body  representing  the  industry  concerned  as  may  be 
prescribed: 

Provided that if no assessor is appointed by such body before the time fixed for hearing the appeal, or 
if the assessor so appointed fails to attend the hearing at such time, the appellate  authority  may, unless 
satisfied that the failure to attend is due to sufficient cause, proceed to hear the appeal without the aid of 
such assessor or, if it thinks fit, without the aid of any assessor. 

(3)  Subject  to  such  rules  as  the  Stale  Government  may  make  in  this  behalf  and  subject  to  such 
conditions as to partial compliance or the adoption of temporary measures as the appellate authority may 
in  any  case  think  fit  to  impose, the  appellate authority  may,  if  it  thinks  fit,  suspend  the  order appealed 
against pending the decision of the appeal. 

108. Display of notices.—(1) In addition to the notices required to be displayed in any factory by or 
under this Act, there shall be displayed in every factory a notice containing such abstracts of this Act and 
of the rules made thereunder as may be prescribed and also the name and address of the Inspector and the 
certifying surgeon. 

(2) All notices required by or under this Act to be displayed in a factory shall be in English and in a 
language  understood  by  the  majority  of  the  workers  in  the  factory,  and  shall  be  displayed  at  some 
conspicuous and convenient place at or near the main entrance to the factory, and shall be maintained in a 
clean and legible condition. 

53 

 
(3) The Chief Inspector may, by order in writing served on the manager of any factory, require that 
there shall be displayed in the factory any other notice or poster relating to the health, safety or welfare of 
the workers in the factory. 

109.  Service  of  notices.—The  State  Government  may  make  rules  prescribing  the  manner  of  the 

service of orders under this Act on owners, occupiers or managers of factories. 

110. Returns.—The State Government may make rules requiring owners, occupiers or managers of 
factories  to  submit  such  returns,  occasional  or  periodical,  as  may  in  its  opinion  be  required  for  the 
purposes of this Act. 

111. Obligations of workers.—(1) No worker in a factory— 

(a) shall willfully interfere with or misuse any appliance, convenience or other thing provided in a 

factory for the purposes of securing the health, safety or welfare of the workers therein; 

(b) shall willfully and without reasonable cause do anything likely to endanger himself or others; 

and 

(c) shall willfully neglect to make use of any appliance or other thing provided in the factory for 

the purposes of securing the health or safety of the workers therein. 

(2) If any worker employed in a factory contravenes any of the provisions of this section or of any 
rule or order made thereunder, he shall be punishable with imprisonment for a term which may extend to 
three months, or with fine which may extend to one hundred rupees, or with both. 

1[111A. Right of workers, etc.—Every worker shall have the right to— 

(i) obtain from the occupier, information relating to workers’ health and safety at work, 

(ii) get trained within the factory wherever possible, or, to get himself sponsored by the occupier 
for  getting  trained  at  a  training  center  or  institute,  duly  approved  by  the  Chief  Inspector,  where 
training is imparted for workers’ health and safety at work, 

(iii) represent to the Inspector directly or through his representative in the matter of inadequate 

provision for protection of his health or safety in the factory.] 

112.  General  power  to  make  rules.—The  State  Government  may  make  rules  providing  for  any 
matter  which  under  any  of  the  provisions  of  this  Act,  is  to  be  or  may  be  prescribed  or  which  may  be 
considered expedient in order to give effect to the purposes of this Act. 

113. Powers of Centre to give directions.—The Central Government may give directions to a State 

Governments to the carrying into execution of the provisions of this Act. 

114. No charge for facilities and conveniences.—Subject to the provisions of section 46 no fee or 
charge shall be realised from any worker in respect of any arrangements or facilities to be provided, or 
any equipments or appliances to be supplied by the occupier under the provisions of this Act. 

115.  Publication  of  rules.—2[(1)]  All  rules  made  under  this  Act  shall  be  published  in  the  Official 
Gazette, and shall be subject to the condition of previous publication; and the date to be specified under 
clause (3) of section 23 of the General Clauses Act, 1897 (10 of 1897), shall be not less than 3[forty-five 
days] from the date on which the draft of the proposed rules was published. 

4[(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it 

is made, before the State Legislature.] 

116. Application of Act to Government factories.—Unless otherwise provided this Act shall apply 

to factories belonging to the Central or any State Government. 

1. Ins. by Act 20 of 1987, s. 41 (w.e.f. 1-12-1987). 
2. Section 115 renumbered as sub-section (1) thereof by, s. 42, ibid., (w.e.f. 1-12-1987). 
3. Subs. by s. 42, ibid., for “three months” (w.e.f. 1-12-1987). 
4. Ins. by s. 42, ibid. (w.e.f. 1-12-1987). 

54 

 
                                                           
117. Protection to persons acting under this Act.—No suit, prosecution or other legal proceeding 
shall lie against any person for anything which is in good faith done or intended to be done under this Act. 

118.  Restrictions  on  disclosure  of  information.—(1)  No  Inspector  shall,  while  in  service  or  after 
leaving the service, disclose otherwise than in connection with the execution, or for the purposes, of this 
Act any information relating to any manufacturing or commercial business or any working process which 
may come to his knowledge in the course of his official duties. 

(2)  Nothing  in  sub-section  (1)  shall  apply  to  any  disclosure  of  information  made  with the  previous 
consent in writing of the owner of such business or process or for the purposes of any legal proceeding 
(including arbitration) pursuant to this Act or of any criminal proceeding which may be  taken, whether 
pursuant to this Act or otherwise, or for the purposes of any report of such proceedings as aforesaid. 

(3)  If  any  Inspector  contravenes  the  provisions  of  sub-section  (1)  he  shall  be  punishable  with 
imprisonment for a term which may extend to six months, or with fine which may extend to one thousand 
rupees, or with both. 

1[118A.  Restriction  on  disclosure  of information.—(1)  Every  Inspector  shall treat  as  confidential 

the source of any complaint brought to his notice on the breach of any provision of this Act. 

(2) No inspector shall, while making an inspection under this Act, disclose to the occupier, manager 

or his representative that the inspection is made in pursuance of the receipt of a complaint: 

Provided that nothing in this sub-section shall apply to any case in which the person who has made 

the complaint has consented to disclose his name. ] 

2[119. Act to have effect notwithstanding anything contained in Act 37 of 1970.—The provisions 
of  this  Act  shall  have  effect  notwithstanding  anything  inconsistent  therewith  contained  in  the  Contract 
Labour (Regulation and Abolition) Act, 1970 3[or any other law for the time being in force.]] 

120. Repeal and savings.—The enactments set out in the Table appended to this section are hereby 

repealed: 

Provided that anything done under the said enactments which could have been done under this Act if 

it had then been in force shall be deemed to have been done under this Act. 

TABLE.—[Enactments repealed.] Rep. by the Repealing and Amending Act, 1950 (35 of 1950), s. 2 

and the First Schedule (w.e.f.10-4-1950.) 

1. Ins. by Act 20 of 1987, s. 43 (w.e.f. 1-12-1987). 
2. Ins. by Act 94 of 1976, s. 44 (w.e.f. 26-10-1976). 
3. Ins. by Act 20 of 1987, s. 44 (w.e.f. 1-12-1987). 

55 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
1[THE FIRST SCHEDULE] 

[See section 2 (cb)] 

LIST OF INDUSTRIES INVOLVING HAZARDOUS PROCESSES 

1. Ferrous Metallurgical industries 

—Integrated Iron and Steel 

—Ferrow-alloys 

—Special Steels 

2. Non-ferrous Metallurgical Industries 

—Primary Metallurgical Industries, namely, size, lead, copper, manganese and aluminium 

3. Foundries (ferrous and non-ferrous) 

—Castings and forgings including cleaning or smoothening/roughening by sand and shot blasting 

4. Coal (including coke) industries 

—Coal Lignite, coke, etc. 

—Fuel Gases (including Coal Gas, Producer Gas, Water Gas) 

5. Power Generating Industries 

6. Pulp and paper (including paper products) industries 

7. Fertiliser Industries 

—Nitrogenous 

—Phosphatic 

—Mixed 

8. Cement Industries 

—Portland Cement (including slag cement, puzzolona cement and their products) 

9. Petroleum industries 

—Oil Refining 

—Lubricating Oils and Greases 

10. Petro-chemical Industries 

11. Drugs and Pharmaceutical Industries 

—Narcotics, Drugs and Pharmaceutical 

12. Fermentation Industries (Distilleries and Breweries) 

13. Rubber (Synthetic Industries) 

14. Paints and Pigment Industries 

15. Leather Tanning Industries 

16. Electroplating Industries 

1. Ins. by Act 20 of 1987, s. 45 (w.e.f. 1-12-1987). 

56 

 
 
 
                                                           
17. Chemical Industries 

—Coke Oven B y-products and Coal tar Distillation products 

—Industrial  Gases 

(nitrogen,  oxygen,  acetylene,  argon,  carbon  dioxide,  hydrogen, 

sulphurdioxide, nitrous oxide halogenated hydrocarbon, ozone, etc.) 

—Industrial Carbon 

—Alkalies and Acids 

—Chromates and dichromates 

—Leads and its compounds 

—Electro  chemicals  (metallic  sodium,  potassium  and  magnesium,  chlorates,  perchlorates  and 

peroxides) 

—Electro thermal produces (artificial abrasive, calcium carbide) 

—Nitrogenous compounds (cyanides, cyanamides, and other nitrogenous compounds) 

—Phosphorous and its compounds 

—Halogens and Halogenated compounds (Chlorine, Fluorine, Bromine and Iodine) 

—Explosives (including industrial explosives and detonators and fuses) 

18. Insecticides, Fungicides, Herbicides and other Pesticides Industries 

19. Synthetic Resin and Plastics 

20. Man-made Fiber (Cellulosic and non-cellulosic) industry 

21. Manufacture and repair of electrical accumulators 

22. Glass and Ceramics 

23. Grinding or glazing of metals 

24. Manufacture, handling and processing of asbestos and its products 

25. Extraction of oils and fats from vegetable and animal sources 

26. Manufacture, handling and use of benzene and substances containing benzene 

27. Manufacturing processes and operations involving carbon disulphide 

28. Dyes and Dyestuff including their intermediates 

29. Highly flammable liquids and gases. 

57 

 
 
 
 
 
THE SECOND SCHEDULE 

(Seesection 41 F) 

PERMISSIBLE LEVELS OF CERTAIN CHEMICAL SUBSTANCES IN WORK ENVIRONMENT 

Substance 

Permissible limits of exposure 

Time-weighted  
average concentration 
(8 hrs) 

Short-term 
exposure limit  
(15 min) 

Acetaldehyde 

Acetic acid 

Acetone 

Acrolein 

Acrylonitrile-Skin (S.C.) 

Aldrin-skin 

Allychloride 

Ammonia 

Aniline-Skin 

Anisidine (o-,p-isomers) Skin 

Arsenic A soluble compounds (as As) 

Benzene (S.C.) 

Beryllium & Compound (as Be) (S.C.) 

Boron trifluoride-C 

Bromine 

Butane 

2-Butanone (Methyl-ethyl Ketone-MEK) 

n-Butyl acetate 

n-Butyle alcohol-Skin-C 

sec/tert. Butylacetate 

Butyl mercaptan 

Cadmium Dusts and salts (as Cd) 

Calcium oxide 

Carbaryl (Sevin) 

Carbofuran (Furadan) 

Carbon disulphade-Skin 

58 

ppm 

Mg/m3 

100 

10 

750 

0.1 

2 

. . 

1 

25 

2 

0.1 

. . 

05 

. . 

1 

0.1 

800 

200 

150 

50 

200 

0.5 

. . 

. . 

. . 

. . 

10 

180 

25 

1780 

0.25 

4.5 

0.25 

3 

18 

10 

0.5 

0.2 

1.5 

0.002 

3 

0.7 

1900 

590 

710 

150 

950 

1.5 

0.05 

2 

5 

0.1 

30 

ppm 

150 

15 

Mg/m3 

270 

37 

1000 

2375 

0.3 

. . 

. . 

2 

35 

. . 

. . 

. . 

25 

. . 

. . 

0.3 

. . 

300 

200 

. . 

. . 

. . 

. . 

. . 

. . 

. . 

. . 

0.8 

. . 

0.75 

6 

27 

. . 

. . 

. . 

7.5 

. . 

. . 

2 

. . 

835 

950 

. . 

. . 

. . 

. . 

. . 

. . 

. . 

. . 

 
  
 
 
 
 
Carbon monoxide 

Carbon tetrachloride-Skin (S.C.) 

Chlordane-Skin 

Chlorine 

Chlorobenzene (Monochlorobenzene) 

Chloroform (S.C.) 

ppm 

Mg/m3 

50 

5 

. . 

1 

75 

10 

55 

30 

0.5 

3 

350 

50 

bis (Chloromethyl) ether (H.C.) 

0.001 

0.005 

Chromic acid and chromates (as Cr) (Water Soluble) 

Chromous salts (as Cr) 

Copper Fume 

Cotton dust, raw 

Crosol, all isomers—Skin 

Cyanides (as CN)—Skin 

Cyanogen 

DDT (Dichlorodiphenyltrichloroethane) 

demeron-Skin 

Diazinon-Skin 

Dibutylphthalale 

Dichlorvos (DDVP)—Skin 

Dieldrin—Skin 

Dinitrobenzene (all isomers)—Skin 

Dinitrotolune-Skin 

Diphenyl-(Biphenyl) 

Endosulfan (Thiodan)—Skin 

Endrin—Skin 

Ethyl acetate 

Ethyl alcohol 

Ethylamine 

Fluorides (as F) 

Fluorine 

Formaldehyde (S.C.) 

Formic acid 

Gasoline 

Hydrazine—Skin (S.C.) 

Hydrogen chloride—C 

59 

. . 

. . 

. . 

. . 

5 

. . 

10 

. . 

0.01 

. . 

. . 

0.1 

. . 

0.15 

. . 

0.2 

. . 

. . 

400 

1000 

10 

. . 

1 

1.0 

5 

300 

0.1 

5 

0.05 

0.05 

0.2 

0.2 

22 

5 

20 

1 

0.1 

0.1 

5 

1 

0.25 

1 

1.5 

1.5 

0.1 

0.1 

1400 

1900 

18 

2.5 

2 

1.5 

9 

900 

0.1 

7 

ppm 

400 

Mg/m3 

440 

. . 

. . 

3 

. . 

. . 

. . 

. . 
. . 

. . 

. . 

. . 

. . 

. . 

. . 

0.03 

. . 

. . 

0.3 

. . 

0.5 

. . 

0.6 

. . 

. . 

. . 

. . 

. . 

. . 

2 

2 

. . 

. . 

. . 

9 

. . 

. . 

. . 

. . 
. . 

. . 

0.6 

. . 

. . 

. . 

3 

0.3 

0.3 

10 

3 

0.75 

3 

5 

4 
0.4 

0.3 

. . 

. . 

. . 

. . 

4 

3 

. . 

500 

1500 

. . 

. . 

. . 

. . 

 
 
Hydrogen cyanide—Skin—C 

Hydrogen fluoride (as F)—C 

Hydrogen peroxide 

Hydrogen sulphide 

Iodine—C 

Iron-Oxide Fume (Fe2O3) (as Fe) 

Isoamyl acetate 

Isoamyl alcohol 

Isobutyl alcohal 

Lead, inorg, dusts and fumes (as Pb) 

Lindane-Skin 

Malathion-Skin 

Manganese dust and compounds (as Mn)—C 

Manganese fume (as Mn) 

Mercury (as Hg)—Skin— 

(i) Alkyl compounds 

(ii) All forms except alkyl vapour 

(iii) Aryl and inorganic compounds 

Methyl alcohol (Methanol)—Skin 

Methyl Cellosolve (2-Methoxy-ethanol) Skin 

Methyl isobutyl ketone 

Methyl isocyanate-Skin 

Napthalene 

Nickel carbonyl (as Ni) 

Nitric acid 

Nitric oxide 

Nitrobenzene—Skin 

Nitrogen dioxide 

Oil mist-mineral 

Ozone 

Parathion—Skin 

Phenol—Skin 

Phorate (Thimet)—Skin 

Phosgene (Carbonyl chloride) 

Phosphine 

60 

ppm 

Mg/m3 

ppm 

Mg/m3 

10 

3 

1 

10 

0.1 

. . 

100 

100 

50 

. . 

. . 

. . 

. . 

. . 

. . 

. . 

. . 

200 

5 

50 

0.02 

10 

0.05 

2 

25 

1 

3 

. . 

0.1 

. . 

5 

. . 

0.1 

0.3 

10 

2.5 

1.5 

14 

1 

5 

525 

360 

150 

0.15 

0.5 

10 

5 

1 

0.01 

0.05 

0.1 

260 

16 

205 

0.05 

50 

0.35 

5 

30 

5 

6 

5 

0.2 

0.1 

19 

0.05 

0.4 

0.4 

. . 

. . 

. . 

15 

. . 

. . 

. . 

. . 

. . 

. . 

21 

. . 

. . 

. . 

125 

4500 

. . 

. . 

. . 

. . 

. . 

. . 

. . 
. . 

. . 

250 

. . 

75 

. . 

15 

. . 

4 

. . 
. . 

5 

. . 

0.3 

. . 

. . 

. . 

. . 

1 

. . 

. . 

. . 

. . 

. . 

3 

0.03 
. . 

. . 

310 

. . 

300 

. . 

75 

. . 

10 

. . 
. . 

10 

10 

0.6 

. . 

. . 

0.2 

. . 

1 

 
 
 
 
 
 
Phosphoric acid 

Phosphorus (yellow) 

Phosphorus pentachloride 

Phosphorus trichloride 

Picric acid—Skin 

Pyridine 

Silane (Silicon tetrahydride) 

Sodium hydroxide—C 

Styrene, monomer (Phenylethylene) 

Sulphur dioxide 

Sulphur hexafluoride 

Sulphuric acid 

Tetraethyl lead (as Pb)—Skin 

Toluene (Toluol) 

O—Toluidinz—Skin (S.C.) 

Tributyl phosphate 

Trichloroethylene 

Uranium, natural (as U) 

Vinyl chloride (H.C.) 

Welding fumes 

Xylene (o-, m-, p-isomers) 

Zinc oxide— 

(i) Fume 

(ii) Dust (Total dust) 

Zirconium compounds (as Zr) 

ppm 

Mg/m3 

ppm 

Mg/m3 

. . 

. . 

0.1 

0.2 

. . 

5 

5 

. . 

50 

2 

1 

0.1 

1 

1.5 

0.1 

15 

7 

2 

215 

5 

1000 

6000 

. . 

. . 

100 

2 

0.2 

50 

. . 

5 

. . 

100 

. . 

. . 

. . 

1 
0.1 

375 

9 

2.5 

270 

0.2 

10 

5 

435 

5.0 

10.0 

5 

. . 

. . 

. . 

0.5 

. . 

. . 
. . 

. . 

100 

5 

. . 

. . 
. . 

3 

. . 

. . 

3 

0.3 

. . 
. . 

. . 

425 

10 

. . 

. . 

. . 

150 

560 

. . 

. . 

200 

. . 

. . 

. . 

. . 

. . 

1080 

0.6 

. . 

. . 

150 

655 

. . 

. . 

. . 

10 

. . 

10 

C denotes ceiling limit 
*Not more than 4 times a day with at least 60 min. interval between successive exposures. 

Substance 

Permissible 
(8 hours) 

Time-
weighted 

average  concentration 

(i) Silica  

(a) Crystalline 

(b) Quartz 

(1) In term of dusts count 

10600 

% Quartz+10 

61 

mppcm 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Substance 

Permissible 
(8 hours) 

Time-
weighted 

average  concentration 

(2) In terms of respirable dust 

(3) In terms of total dust 

(ii) Cristobalite 

(iii) Tridymite 

(iv) Silica, fused 

(v) (a) Tripoli 

10 

% respirable quartz+2 

10 

% Quartz+3 

mg/m3 

mg/m3 

Half the limits given against quartz. 

Half the limits given against quartz. 

Same limits as for quartz. 

Same  limit  as  in  formula  in  item  2  given  against 
quartz. 

(b) Amorphous  

705 mppcm.] 

___________ 

62 

 
 
 
 
 
 
  
 
 
1[THE THIRD SCHEDULE] 

(See sections 89 and 90) 

LIST OF NOTIFIABLE DISEASES 

1. 

2. 

3. 

Lead poisoning, including poisoning by any preparation or compound of lead or their sequelae. 

Lead-tetra-ethyle poisoning. 

Phosphorus poisoning or its sequelae. 

4.  Mercury poisoning or its sequelae. 

5.  Manganese poisoning or its sequelae. 

6. 

7. 

8. 

9. 

Arsenic poisoning or its sequelae. 

Poisoning by nitrous fumes. 

Carbon bisulphide poisoning. 

Benzene  poisoning,  including,  poisoning  by  any  of  its  homologues,  their  nitro  or  amide 
derivatives or its sequelae. 

10. 

Chrome ulceration or its sequelae. 

11.  Anthrax. 

12. 

13. 

14. 

15. 

16. 

17. 

Silicosis. 

Poisoning by halogens or halogen derivatives of the hydrocarbons of the aliphatic series. 

Pathological manifestations due to— 

(a) radium or other radio-active substances; 

(b) X-ray.4 

Primary epitheliomatous cancer of the skin. 

Toxic anaemia. 

Toxic jaundice due to poisonous substances. 

2[18.  Oil acne or dermatitis due to mineral oils and compounds containing mineral oil base. 

19. 

Byssionosis. 

20.  Asbestosis. 

21.  Occupational or contact dermatitis caused by direct contract with chemicals and paints. These are 

of two types, that is, primary irritants and allergic sensitizers. 

22.  Noise induced hearing loss (exposure to high noise levels).]  

3[23.  Beriyllium poisoning.  

24. 

25. 

26. 

Carbon monoxide poisoning. 

Coal miners’pnoumoconiosis. 

Phosgene poisoning. 

27.  Occupational cancer. 

28. 

29. 

Isocyanates poisoning. 

Taxic nephritis.] 

1. The existing Schedule renumbered as the Third Schedule by Act 20 of 1987, s. 46 (w.e.f. 1-12-1987). 
2. Ins. by Act 94 of 1976, s. 45 (w.e.f. 26-10-1976). 
3. Ins. by Act 20 of 1987, s. 46 (w.e.f. 1-12-1987). 

63 

 
 
 
                                                           
Maharashtra 

STATE AMENDMENTS 

Addition of FOURTH SCHEDULE to 63 of 1948.—After the THIRD SCHEDULE appended to 

the principal Act, the following SCHEDULE shall be added, namely:— 

Serial 

number 

(1) 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

“THE FOURTH SCHEDULE 

(See section 92A) 

List of Compoundable offences 

Section and rules framed 

Nature of offence 

thereunder and orders 

issued thereunder 

(2) 

Section 11 –Cleanliness. 

Section 18-Drinking water. 

Section 19-Latrines and urinals 

Section 20 - Spittoons. 

Section 42 - Washing facilities. 

(3) 

Not maintaining cleanliness as per the 
provisions. 

Not providing and maintaining arrangements 
for drinking water as per the provisions. 

Not providing latrine and urinal 
accommodation as per the provisions. 

(a) Not providing the spittoons as per the 
provisions. 

(b) Spitting in contravention of sub-section 
(3) of section 20. 

Not providing and maintaining washing 
facilities as per the provisions. 

Section 43 - Facilities for storing and 
drying of wet clothing. 

Not providing facilities as per the 
provisions. 

Section 44 - Facilities for sitting. 

Not providing facilities as per the 
provisions. 

Sub-sections (1), (2) and (3) of section 
45 - First-aid appliances. 

Not providing and maintaining first-aid 
appliances as per the provisions. 

Not providing and maintaining canteen as 
per the provisions. 

Not providing and maintaining shelters, 
rest rooms and lunch rooms as per the 
provisions. 

Section 46 - Canteens. 

10. 

Section 47 - Shelters, rest rooms and 
lunch rooms. 

64 

 
 
 
 
11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

20. 

21. 

22. 

23. 

24. 

25. 

27. 

28. 

29. 

30. 

31. 

32. 

Section 48 - Creches. 

Not providing and maintaining creches as 
per the provisions. 

Section 50 - Power to make rules to 
supplement Chapter V. 

Not complying with the rules framed under 
section 50. 

Sub-section (2) of section 53-
Compensatory Holidays. 

Sub-section (5) of section 59 - Extra 
wages for overtime. 

Not displaying the notice and not 
maintaining the register for compensatory 
holiday. 

Not maintaining the prescribed registers. 

Section 60 - Restriction on double 
employment. 

Allowing a worker a double employment 
on any day. 

Section 61 - Notice of periods of work 
for adults. 

Section 62 - Register of adult workers. 

Section 63 - Hours of work to 
correspond with notice under section 61. 

Not complying with the provisions. 

Not maintaining register as per the 
provisions. 

Not complying with the provisions. 

Section 64 - Power to make exempting 
rules. 

Not complying with the rules framed under 
section 64. 

Section 65 - Power to make exempting 
orders. 

Not complying with the orders issued 
under section 65. 

Section 79 - Annual leave with wages. 

Not complying with the provisions. 

Section 80 - Wages during leave period. 

Not complying with the provisions. 

Section 81 - Payment in advance in 
certain cases. 

Section 82 - Mode of recovery of unpaid 
wages. 

Section 83 - Power to make rules. 

26. 

Section 84 - Power to exempt factories. 

Section 93 - Liability of owner of 
premises in certain circumstances. 

Not complying with the provisions. 

Not complying with the provisions. 

Not maintaining registers as per rules and 
not complying with the provisions. 

Not complying with the conditions 
specified in the exempting order. 

Not complying with the provisions 
contained in sub-section (1) and clauses (i) 
and (vi) of sub-section (3). 

Section 97 - Offences by workers. 

Not complying with the provisions. 

Section 108-Display of notices. 

Not complying with the provisions. 

Section 110-Returns. 

Not complying with the provisions. 

Section 111 - Obligation of workers. 

Not complying with the provisions. 

Section 111A - Right of workers, etc. 

Denial of rights of workers. 

65 

 
33. 

Section 114 - No charge for facilities and 
conveniences. 

Demanding charge from worker for 
providing any facility under the Act.".] 

[Vide Maharashtra Act 40 of 2015, s. 9]. 

66 

 
 
 
